


State of North Dakota 

GENERAL SCHOOL LAWS 

Comprising all the Laws in Force 
Pertaining to Public Schools 



Published by the Department of Public Instruction 
MINNIE J. NIELSON 

Superintendent 



1919 



Compiled and Edited by 

GEORGE A. McFARLAND 

Assistant Superintendent of 
Public Instruction 



BisMAKCK Tribune, 
STATE Printers 





Book. *y\l.^ — 

IV1 



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TABLE OF CONTENTS 



Introductory 



Page 

• 1 

Part I. National and Constitutional Provisions 3 

Division 1.— The Enabling Act 3 

Division 2. — Revised Constitution 4 

Part II. Compiled School Laws I3 

Division 1. — Administrative Organization 13 

Chapter 1. — State Organization I3 

Article 1. The State I3 

Article 2. Superintendent of Public Instruction 13 

Article 3. The State Board of Education 17 

Article 4. The State Library Commission 19 

Article 5. The State Board of Regents 21 

Article 6. The Board of Administration 27 

Article 7. Powers and duties of other state officers 29 

Chapter 2. — County Organization 39 

Article 8. The County Superintendent of Schools 39 

Article 9. Other County Agencies 46 

Chapter 3. — District Organization 47 

Article 10. Common School Districts 47 

Article 11. Special School Districts 73 

Article 12. Independent School Districts 93 

Article 13. Board of Education in certain cities 101 

Chapter 4.— Miscellaneous Requirements Affecting School 

Administration 102 

Article 14. Pines. Forfeitures and Penalties 102 

Article 15. General Provisions Applying to All School 

Districts _ IO2 

Article 16.— Non-Partisan Elections 106 

Article 17. Oath and Bond of Officers Connected with 

Schools 108 

Article 18. Vacancies HO 

Division 2.— A System of Public Instruction 112 

Chapter 5. — Elementary Education 112 

Article 19. General 112 

Article 20. Kindergartens II3 

Article 21. Elementary Education 114 

Article 22. Rural Schools II7 

Article 23 Testing and Classifying Agricultural Prod- 
ucts in Public Schools 123 

Article 24. County Tax in Aid of Rural, Graded and 

Consolidated Schools 124 

Chapter 6.— Secondary Education 125 

Article 25. High School Advantages 125 

Article 26. Continuation Schools 129 

Chapter 7.— Vocational Education 131 

Article 27. Agricultural College 131 



Page 

Article 28. Public Health Labratory 133 

Article 29. Agricultural and Geological Survey 134 

Article 30. Extension and Demonstration 136 

Article 31. List of Publications 137 

Article 32. The Experiment Station 137 

Article 33. County Agricultural and Training Schools.. 138 

Article 34. Industrial School 144 

Article 35. North Dakota Academy of Science . . .' 147 

Article 36. School of Forestry 148 

Article 37. Vocational Education under Smith-Hughes 

Act 149 

Chapter 8. — Higher and Professional Education 152 

Article 38. University of North Dakota 152 

Division 3. — Support of the Educational System 161 

Chapter 9. — National Endowment 161 

Article 39. Board of University and School Lands 161 

Article 40. Land Commissioner 165 

Article 41. Appraisement and Sale of School Lands. . . . 166 
Article 42. Lease of School Lands 181 

Chapter 10.— State, County and Local Funds 190 

Article 43. The State Tuition Fund 190 

Article 44. Funds from County Mill Tax 192 

Article 45. Funds from School District Tax 193 

Article 46. Certain Acts Legalized 195 

' Article 47. Management of School Funds 196 

Article 48. Equalization of Indebtedness 199 

Chapter 11.— Support of System by Bonds 200 

Article 49. Bonds of Common School Districts 200 

Article 50. Refunding Bonded Indebtedness of Any 

School District 205 

Article 51. Bonds for Agricultural Training Schools 206 

Chapter 12. — E;s;emption 208 

Article 52. Exemption of Property from Taxation 208 

Division 4.^— Environment and Equipment 209 

Chapter 13.— School Buildings .^. 209 

Article 53. Construction of Buildings for Elementary 

and Secondary Schools 209 

Fire Avoidance 212 

Fire Drill and Guards for Public Schools .... 212 
Care and Custody of Buildings used for 
School Purposes 213 

Chapter 14.— Text Books and Supplies 214 

Article 57. Free Text Books 214 

Article 58. Control of Adoption and Sale 215 

Chapter 15.— Patriotic Requirements 218 

Article 59. Flag to be Displayed 218 

Article 60. Mothers' Day • 220 

Article 61. State Flower 220 

Chapter 16.— Health and Sanitation 220 



Article 54. 
Article 55. 
Article 56. 









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Article 62. Health Inspection of Pupils 220 

Article 63. Fuel-^Lignite Coal 223 

Division 5. — The Teaching Force 225 

Chapter 17. — Training the Teachers 225 

Article 64. The State Normal Schools 225 

Article 65. The Training of Teachers in Service 227 

Chapter 18. — Examination and Certification of Teachers 229 

Article 66. The Board of Examiners 229 

Article 67. Certificates 229 

Article 68. Diplomas and Accrediting 231 

Article 69. Examinations 233 

Article 70. Value of Certificates 233 

^ Chapter 19. — The Duties of teachers 235 

Article 71. Duties, Powers, Privileges of Teachers 235 

Chapter 20. — Teachers Insurance and Retirement Fund 237 

Article 72. The Board of Trustees 237 

Division 6. — State Oversight and Control 246 

Chapter 21. — The State and the Child 246 

Article 73. The School Census 246 

Article 74. Compulsory Education and Medical In- 
spection 247 

Article 75. Child Labor 248 

Article 76. State Protection of the Child 252 

Article 77. Orphanages and The Care of the Poor 254 

Article 78. Juvenile Court 257 

Chapter 22. — The State and Institutional Care of Defectives. . 258 

Article 79. School for Deaf and Dumb 258 

Article 80. The Blind Asylum 261 

Article 81. Institution for Feeble Minded 262 

Chapter 23. — Private Educational Institutions 265 

Article 82. Compliance with State Laws 265 

Part 111. — Appendix 267 

Division 1. — Appendix A 267-272 

Division 2. — School Calendar / 273-74 



INTRODUCTORY 



This compilation of the School Laws of North Dakota is authorized 
by section 1118 of the Compiled Laws of 1913. It includes all provisions 
relating to any phase of education now in force. It includes all laws per- 
taining to: (a) the common schools of the state, (b) the state educational 
institutions, (c) the lands set aside by the government for the endow- 
ment and support of the public schools and the public educational in- 
stitutions, and the child welfare statutes of our state. 

Following the table of contents is the Schedule which is in reality the 
compact between our State and the Federal government on the subject 
of education and clauses in the state constitution relating to education. 
Several clauses of the constitution are repeated in connection with the 
parts of the laws on similar subjects. 

Some pains have been taken also to select typical decisions by our 
supreme court. They appear following the section of the law they 
interpret. It is believed that these brief summaries of important de- 
cisions by the court will greatly enhance the value of the publication to 
school officers and teachers charged with the administration of our 
school system or who may be required to interpret the laws to the people. 

Lawyers who may have occasion to refer to the pamphlet will ob- 
serve at once that the decisions are not selected from the legal point of 
view, for many other decisions relating to widely different subject 
matter furnish legal precedent quite as pertinent as these. The object 
of these selections is to show how cases on educational controversies 
have been determined by the court. 

At the end of the volume will be found In Part III, a list of the special 
laws that apply only to single districts, a calendar of the chief school 
dates that teachers and officers need to observe, the constitutional 
amendments pending that directly affect education, a list of appropria- 
tions by the 16th Legislative Assembly in support of education, and 
other important educational information. Following these will be found 
a comprehensive index. 

The next complete edition of the school laws will not appear until 
1923. County Superintendents through whom the laws are distributed 
should furnish copies of them only to those entitled by law to receive 
them. 

School officers should be instructed to preserve copies entrusted to 
them and deliver them in good shape to their successors in office. The 
books are not for general free distribution, but they are free to those 
for whose use they are intended. Special pamphlets are also prepared 
relating to single phases of our laws. Persons interested only in text 
books, fire prevention, rural schools, child welfare, buildings or other 
special subjects should so state and these pamphlets will be furnished. 

In arrangement of subject matter the compiler has followed Dr. E. P. 



GENERAL SCHOOL LAWS 



Cubberly's suggestions in his book: "State and County Reorganization," 
of which grateful acknowledgement is made. But North Dakota educa- 
tional laws, enacted through the years of statehood and without logical 
sequence or development, do not yield readily to an ideal or orderly 
scheme. The present attempt may furnish the foundation for some 
future systematic codification under the encouragement of legislative 
authority. 

Section numbers are the same as In Compiled Laws and Acts, articles 
and chapters are not. In order approximately to complete certain sub- 
jects, a number of sections appear more than once. 

A new arrangement of the subject matter, an anallytical table of con- 
tents and a detailed index ought to make the book even more available 
than in the past. Suggestions as to how future editions may be made 
more useful are invited. 

MINNIE JEAN NIELSON, 

Superintendent of Public Instruction. 

Bismarck, September 1st, 1919. 



PART I.— NATIONAL AND CONSTITUTIONAL 
PROVISIONS 



Division 1. — The Enabling Act 



A Compact Between the Federal Government and the 
People of IVorth Dakota 



Sec. 4. (Providing for the Constitutional Conventions for North Da- 
kota, South Dakota, Montana and Washington.) And said convention 
shall provide by ordinances irrevocable without the consent of the United 
States and the people of said states: 



* 



Fourth. That provision shall be made for the establishment and 
maintenance of systems of public schools, which shall be open to all 
children of said states, and free from sectarian control. 

Sec. 10. That upon the admission of each of said states into the union, 
sections numbered sixteen and thirty-six in every township of said pro- 
posed states, and where such sectionsj or any parts thereof have been 
sold or otherwise disposed of by or under the authority of any act of 
congress, other lands equivalent thereto, in legal subdivisions of not 
less than one- quarter section * * * are hereby granted to said states 
for the support of common schools. 

Sec. 11. That all lands herein granted for educational purposes shall 
be disposed of only at public sale, and at a price not less than $10 per 
acre, the proceeds to constitute a permanent school fund, the interest of 
which only shall be expended in the support of said schools. But said 
lands may, under such regulations as the legislature shall prescribe, be 
h-ased for periods of not more than five years, in quantities not ex- 
ceeding one section to any one person or company, and such lands shall 
not be subject to pre-emption, homestead entry, or any other entry 
under the land laws of the United States, whether surveyed or un- 
surveyed, but shall be reserved for school purposes only. 

Soc. 13. That five per centum of the proceeds of the sales of public 
landr. lying within said states which shall be sold by the United States 
subsequent to the admission of said states into the union, after deducting 
all expenses incident to the same, which shall be paid to the said states, 
to be vised as a permanent fund, the interest of which only shall be ex- 
pended for the support of common schools within said states, re- 

spGctivoly* 

Sec 14. That the lands granted to the territories of Dakota and Mon- 
tana by the act of February 18, 1881, * * * are hereby vested in the 



GENERAL SCHOOL LAWS 



states of South Dakota, North Dakota and Montana respectively, * * * 
to the extent of the full quantity of seventy-two sections to each of 
said states, * * * but said act of February 18, 1881, shall be so 
amended as to provide that none of said lands shall be sold for less than 
$10 per acre, and the proceeds shall constitute a permanent fund to be 
safely invested and held by said states severally, and the income thereof 
be used exclusively for university purposes. * * * None of the lands 
granted in this section shall be sold at less than $10 per acre; but said 
lands may be leased in the same manner as provided in section 11 of 
this act. The schools, colleges and universities provided for in this act 
shall forever remain under the exclusive control of the said states, re- 
spectively, and no parts of the proceeds arising from the sale or dis- 
posal of any lands herein granted for educational purposes shall be used 
for the support of any sectarian or denominational school, college, or 
university. * * * 

Sec. 16. That 90,000 acres of land, to be selected and located as pro- 
vided in section 10 of this act, are hereby granted to each of said states, 
except to the state of South Dakota, to which 120,000 acres are granted, 
for the use and support of agricultural colleges in said states, as pro- 
vided in the acts of congress making donations of lands for such purpose, 

Sec. 17. That in lieu of the grant of land for purposes of internal im- 
provement made to new states by the eighth section of the act of Sep- 
tember 4, 1841, which act is hereby repealed as to the states provided 
for by this act, and in lieu of any claim or demand by the said states, or 
either of them, under the act of September 28, 1850, and section 2479 
of the revised statutes, making a grant of swamp and overflowed lands 
to certain states, which grant it is hereby declared is not extended to the 
states provided for in this act, and in lieu of any grant of saline lands 
to said states, the following grants of lands are hereby made, to-wit: 

To the State of South Dakota: For the school of mines, 40,000 acres; 
for the reform school, 40,000 acres; for the deaf and dumb asylum, 40,000 
acres; for the agricultural college, 40,000 acres; for the university ,- 
40,000 acres; for the state normal schools, 80,000 acres; for public build- 
ings at the capital of said state, 50,000 acres, and for such other educa- 
tional and charitable purposes as the legislature of said state may de- 
termine, 170,000 acres; in all 500,000 acres. 

To the State of North Dakota a like quantity of land as in this section 
granted to the state of South Dakota and to be for like purposes, and in 
like proportion as far as practicable. 



Division 2. — Revised Constitution 

[Adopted October 1, 1889] 

PREAMBLE. 
We the people of North Dakota, grateful to Almighty God for the 
blessings of civil and religious liberty, do ordain and establish this Con- 



stitution, 



STATE OF NORTH DAKOTA 



MANDATE. 

Sec. 147. A high degree of intelligence, patriotism, integrity and 
morality on the part of every voter in a government by the people being 
necessary in order to insure the continuance of that government and the 
prosperity and happiness of the people, the legislative assembly shall 
make provision for the establishment and maintenance of a system of 
public schools which shall be open to all children of the state of North 
Dakota and free from sectarian control. The legislative requirements 
shall be irrevocable without the consent of the United States and the 
people of North Dakota. 

ARTICLE II. 
LEGISLATIVE LIMITATION 

Sec. 69. The legislative assembly shall not pass local or special laws 
in any of the following enumerated cases, that is to say: 

***** 

12. Providing for the management of common schools. 

ARTICLE III. 
THE SUPERINTENDENT. 

Sec. 82. There shall be chosen by the qualified electors of the state 
at the times and places of choosing members of the legislative assembly 
a * * * superintendent of public instruction * * * who shall have 
attained the age of twenty-five years, shall be citizens of the United 
States, and shall have the qualifications of state electors. They shall 
severally hold their offices at the seat of government for the term of 
two years and until their successors are elected and duly qualified. 

Sec. 83. The powers and duties of the * * * superintendent of 
public instruction, * * * shall be as prescribed by law. 

Sec. 84. Until otherwise provided by law, the * * * superintendent 
of public instruction, * * * shall each receive an annual salary 
of $2,000; * * * but the salaries of any of said officers shall not 
be increased or diminished during the period for which they shall have 
been elected, and all fees and profits arising from any of the said 
offices shall be covered into the state treasury. 

ARTICLE V. 
ELECTIVE FRANCHISE. 

Sec. 121. Every male person of the age of twenty-one years or upwards 
belonging to either of the following classes, who shall have resided in 
the state one year, in the county six months, and in the precinct ninety 
days next preceding any election, shall be deemed a qualified elector at 
such election: 

First — Citizens of the United States. 

Second — Civilized persons of Indian descent who shall have severed 



GENERAL SCHOOL LAWS 



their tribal relations two years next preceding such election, (See sec. 
480 Revised Codes, 1895, also State v. Denoyer, 6 N. D. 586.) 

Sec. 123. Electors shall in all cases except treason, felony, breach 
of the peace or Illegal voting, be privileged from arrest on the days of 
election during their attendance at, going to and returning from such 
election, and no elector shall be obliged to perform military duty on 
the day of election except in time of war or public danger. 

Sec. 125. No elector shall be deemed to have lost his residence in this 
state by reason of his absence on business of the United States or of 
this state, or in the military or naval service of the United States. 

Sec. 126. No soldier, seaman or marine in the army or navy of the 
United States shall be deemed a resident of this state in consequence of 
his being stationed therein. 

Sec. 127. [No person who is under guardianship, non compos mentis 
or insane, shall be qualified to vote at any election, nor shall any person 
convicted of treason or felony, unless restored to civil rights.] 

Sec. 128. Any woman having the qualifications enumerated in section 
121 of this article as to age, residence and citizenship, and including 
those now qualified by the laws of the territory, may vote for all school 
officers, and upon all questions pertaining solely to school matters, and 
be eligible to any school office. 

Sec. 129. All elections by the people shall be by secret ballot, subject 
to such regulations as shall be provided by law. 

ARTICLE VIII. 
SCOPE AND AIM OF THE SYSTEM. 

Sec. 147. A high degree of intelligence, patriotism, integrity and 
morality on the part of every voter in a government by the people being 
necessary in order to insure the continuance of that government and the 
prosperity and happiness of the people, the legislative assembly shall 
make provision for the establishment and' maintenance of a system of 
public schools which shall be open to all children of the state of North 
Dakota and free from sectarian control. The legislative requirements 
shall be irrevocable without the consent of the United States and the 
people of North Dakota. (See Sec. 1415, post.) 

Sec. 148. The legislative assembly shall . provide at its first session 
after the adoption of this Constitution for a uniform system for free 
public schools throughout the state, beginning with the primary and ex- 
tending through all grades up to and including the normal and collegiate 
course. 

Sec. 149. In all schools instruction shall be given as far as practicable 
in those branches of knowledge that tend to impress upon the mind the 
vital importance of truthfulness,, temperance, purity, public spirit, and 
respect for honest labor of every kind. 

Sec. 150. A superintendent of schools for each county shall be electeu 
every two years, whose qualifications, duties, powers and compensation 
shall be fixed by law. 



STATE OF NORTH DAKOTA 



Sec. 151. The legislative assembly shall take such other steps as may 
be necessary to prevent illiteracy, secure a reasonable degree of uni- 
formity in course of study and to promote industrial, scientific and 
agricultural improvement. 

Sec. 152. All colleges, universities and other educational institutions, 
for the support of vi^hich lands have been granted to this state, or which 
are supported by a public tax, shall remain under the absolute and ex- 
clusive control of the state. No money raised for the support of the 
public schools of the state shall be appropriated to or used for the sup- 
port of any sectarian school. 

ARTICLE IX. 
SCHOOL AND PUBLIC LANDS. 

Sec. 153. All proceeds of the public lands that have heretofore been, 
or may hereafter be granted by the United States for the support of 
the common schools in this state; all such per centum as may be granted 
by the United States on the sale of public lands; th^ proceeds of property 
that shall fall to the state by escheat; the proceeds of all gifts and dona- 
tions to the state for common schools, or not otherwise appropriated by 
the terms of the gift, and all other property otherwise acquired for com- 
mon schools, shall be and remain a perpetual fund for the maintenance 
of the common schools of the state. It shall be deemed a trust fund, the 
principal of which shall forever remain inviolate, and may be increased 
but never diminished. The state shall make good all losses thereof. 

Sec. 154. The interest and income of this fund, together with the net 
proceeds of all fines for violation of state laws, and all other sums which 
may be added thereto by law, shall be faithfully used and applied each 
year for the benefit of the common schools of the state, and shall be for 
this purpose apportioned among and between all the several common 
school corporations of the state in proportion to the number of children 
in each of school age, as may be fixed by law, and no part of the fund 
shall ever be diverted even temporarily from this purpose, or used for 
any other pui-pose whatever than the maintenance of common schools 
for the equal benefit of all the people of the state; provided, however, 
that if any portion of the interest or income aforesaid be not expended 
during any year, said portion shall be added to and become a part of the 
school fund. 

Sec. 155. After one year from the assembling of the first legislative 
assembly, the lands granted to the state from the United States for the 
support of the common schools, may be sold upon the following condi- 
tions, and no other. No more than one-fourth of all such lands shall be 
sold within the first five years after the same become saleable by virtue 
of this section. No more than one-half of the remainder within ten 
years after the same become saleable as aforesaid. The residue may be 
sold at any time after the expiration of said ten years. The legislative 
assembly shall provide for the sale of all school lands subject to the pro- 
visions of this article. The coal lands of the state shall never be sold. 



GENERAL SCHOOL LAWS 



but the legislative assembly may by general laws provide for leasing 
the same. The words "coal lands" shall include lands bearing lignite coal. 

Sec. 156. The superintendent of public instruction, governor, attorney 
general, secretary of state and state auditor shall constitute a board of 
commissioners, which shall be denominated the "Board of University 
and School Lands," and subject to the provisions of this article and any 
law that may be passed by the legislative assembly, said board shall have 
control of the appraisement, sale, rental and disposal of all school and 
university lands, and shall direct the investment of the funds arising 
therefrom in the hands of the state treasurer, under the limitations in 
section 160 of this article. 

Sec. 157. The county superintendent of common schools, the chairman 
of the county board and the county auditor shall constitute boards of ap- 
praisal, and under the authority of the state board of university and 
school lands shall appraise all school lands within their respective coun 
ties, which they may from time to time recommend for sale, at their 
actual value, under the prescribed terms, and shall first select and 
designate for sale the most valuable lands. 

Sec. 158. [No land shall be sold for less than the appraised value, and 
in no case for less than ten dollars per acre. The purchaser shall pay 
one-fifth of the price in cash, and the remaining four- fifths as follows: 

One-fifth in five years, one-fifth on or before the expiration of ten 
years, one-fifth on or before the expiration of fifteen years, and one- 
fifth on or before the expiration of twenty years, with interest at the 
rate of not less than five per cent per annum, payable annually in ad- 
vance; provided, that when payments are made before due they shall 
be made at an interest paying date, and one year's interest in advance 
shall be paid on all money so paid. All sales shall be held at the county 
seat of the county in which the land to be sold is situated, and shall be 
at public auction and to the highest bidder, after sixty days' advertise- 
ment of the same in a newspaper of general circulation in the vicinity 
of the land to be sold, and one at the seat of government. Such lands 
as shall not have been specially sub-divided shall be offered in tracts of 
one-quarter section, and those sub-divided in the smallest sub-division. 
All lands designated for sale and not sold within two years after ap- 
praisal shall be reappraised before they are sold. No grant or patent 
for such lands shall issue until payment is made for the same; provided, 
that the land contracted to be sold by the state shall be subject to taxa- 
tion from date of contract. In case the taxes assessed against any of 
said lands for any year remain unpaid until the first Monday in October 
of the following year, then thereupon the contract of sale for such lands 
shall, if the board of university and school lands so determine, become 
null and void. Any lands under the provisions of section 158 of the con- 
stitution of the state of North Dakota that have heretofore been^ sold, 
may be paid for, except as to interest, as provided, further, that any 
school or institution lands that may be required for town site purposes, 
school house sites, church sites, cemetery sites, sites for other educa- 



STATE OF NORTH DAKOTA 



tional or charitable institutions, public parks, fair grounds, public high- 
ways, railroad right of way, or for other railroad uses and purposes, 
reservoirs for the storage of water for irrigation, drain ditches or irriga- 
tion ditches, and lands that may be required for any of the purposes 
over which the right of eminent domain may be exercised under the con- 
stitution and the laws of the state of North Dakota, may be sold under 
the provisions of this section, and shall be paid for, principal and inter- 
est, in full, in advance, at the time of sale, or at any time thereafter, 
and patent issued therefor, when principal and interest are paid.] 

Sec. 159. All land, money or other property, donated, granted or re- 
ceived from the United States or any other source for a university, 
school of mines, reform school, agricultural college, deaf and dumb 
asylum, normal school, or other educational or charitable institution or 
purpose, and the proceeds of all such lands and other property so re- 
ceived from any source, shall be and remain perpetual funds, the interest 
and income of which together with the rents of all such lands as may 
remain unsold, shall be inviolably appropriated and applied to the specific 
object of the original grants or gifts. The principal of every such 
fund may be increased but shall never be diminished, and the Interest 
and income only shall be used. Every such fund shall be deemed a trust 
fund held by the state, and the state shall make good all losses thereof. 

Sec. 160. All lands mentioned in the preceeding section shall be ap- 
praised and sold in the same manner and under the same limitations and 
subject to all the conditions as to price and sale as provided above for 
the appraisal and sale of lands for the benefit of common schools; but 
a distinct and separate account shall be kept by the proper officers of 
each of said funds; provided, that the limitations as to the time in which 
school lands may be sold shall apply only to lands granted for the sup- 
port of common schools. 

Sec. 161. The legislative assembly shall have authority to provide by 
law for the leasing of lands granted to the state for educational and 
charitable purposes; but no such laws shall authorize the leasing of said 
lands for a longer period than five years. Said lands shall only be leased 
for pasturage and meadow purposes and at a public auction after notice 
as heretofore provided in case of sale; provided, that all of said school 
lands now under cultivation may be leased at the discretion and under 
the control of the board of university and school lands for other than 
pasturage and meadow purposes until sold. All rents shall be paid in 
advance. Provided, further, that coal lands may also be leased for 
agricultural cultivation upon such terms and conditions and for such a 
period, not exceeding five years, as the legislature may provide. , 

Sec. 162. The moneys of the permanent school fund and other educa- 
tional funds shall be invested only in bonds of school corporations within 
the state, bonds of the United States, bonds of the State of North Da- 
kota, or in first mortgages on farm lands in the state not exceeding in 
amount one-third of the actual value of any subdivision on which the 
same may be loaned, such value to be determined by the board of ap- 
praisers of school lands. 



10 GENERAL SCHOOL LAWS 

Sec. 163. No law shall ever be passed by the legislative assembly 
granting to any person, corporation or association any privileges by 
reason of the occupation, cultivation or improvement of any public lands 
by said person, corporation or association subsequent to the survey there- 
of by the general government. No claim for the occupation, cultivation 
or improvement of any public lands shall ever be recognized, nor shall 
such occupation, cultivation or improvement of any public lands ever be 
used to diminish, either directly or indirectly, the purchase price of said 
lands. 

Sec. 164. The legislative assembly shall have authority to provide by 
law for the sale or disposal of all public lands that have been heretofore, 
or may hereafter be granted by the United States to the state for pur- 
poses other than set forth and named in sections 153 and 159 of this 
article. And the legislative assembly in providing for the appraisement, 
sale, rental and disposal of the same, shall not be subject to the pro- 
visions or limitations of this article. 

Sec. 165. The legislative assembly shall pass suitable laws for the 
safe-keeping, transfer and disbursement of the state school funds, and 
shall require all officers charged with the same or the safe-keeping 
thereof to give ample bonds for all moneys and funds received by them, 
and if any of said officers shall convert to his own use in any manner 
or form, or shall loan, with or without interest or shall deposit in his 
own name, or otherwise than in the name of the state of North Dakota, 
or shall deposit in any bank or with any person or persons, or exchange 
for other funds or property any portion of the school funds aforesaid, 
or purposely allow any portion of the same to remain in his own hands 
uninvested except in the manner prescribed by law, every such act shall 
constitute an embezzlement of so much of the aforesaid school funds 
as shall be thus taken or loaned, or deposited, or exchanged, or withheld, 
and shall be a felony; and any failure to pay over, produce or account 
for the state school funds or any part of the same entrusted to any such 
officer, as by law required or demanded, shall be held and be taken to 
be prima facie evidence of such embezzlement. 

ARTICLE XII. 
PUBLIC DEBT AND PUBLIC WORKS. 

Sec. 183. The debt of any county, township, city, town, school district or 
any other political subdivision, shall never exceed five per centum upon 
the assessed value of the taxable property therein; provided, that any 
incorporated city may, by a two-thirds vote, increase such indebtedness 
three per centum on such assessed value beyond said five per cent limit. 
In estimating the indebtedness which a city, county, township, school 
district or any other political subdivision may incur, the entire amount 
of existing indebtedness, whether contracted prior or subsequent to the 
adoption of this constitution shall be included; * * * ^.11 bonds or 
obligations in excess of the amount of indebtedness permitted by this 



STATE OF NOKTH DAKOTA 11 



constitution, given by any city, county, township, town, school district, 
or other political subdivision, shall be void. 

Sec. 184. Any city, county, township, town, school district, or any 
other political subdivision incurring indebtedness shall at or before the 
time of so doing, provide for the collection of an annual tax sufficient 
to pay the interest and also the principal thereof when due, and all laws 
or ordinances providing for the payment of the interest or principal of 
any debt shall be irrepealable until such debt be paid. 

Sec. 185. Neither the state nor any county, city, township, town, 
school district or any other political subdivision shall loan or give its 
credit or make donations to or in aid of any individual, association or 
corporation, except for necessary support of the poor, nor subscribe to 
or become the owner of the capital stock of any association or cor- 
poration. * * * 

Sec. 186. * * * No bills, claims, accounts or demands against 
the state, or any county or other political subdivision, shall be audited, 
allowed or paid until a full itemized statement in writing shall be filed 
with the officer or officers whose duty it may be to audit the same. 

Sec. 187. * * * No bond or evidence of debt of any county or 
bond of any township or other political subdivision shall be valid un- 
less the same have endorsed thereon a certificate signed by the county 
auditor, or other officer authorized by law to sign such certificate, stating 
that said bond, or evidence of debt, is issued pursuant to law and is 
within the debt limit. * 

ARTICLE XIX. 
PUBLIC INSTITUTIONS. 

Sec. 215. (Amended.) The following public institutions of the state 
are permanently located at the places hereinafter named, each to have the 
lands specifically granted to it by the United States in the act of con- 
gress approved February 22, 1889, to be disposed of and used in such 
manner as the legislative assembly may prescribe, subject to the limita- 
tions provided in the article on school and public lands contained in this 
constitution: * * * 

Second. The state university and the school of mines at the city of 
Grand Forks, in the county of Grand Forks. 

Third. The agricultural college at the city of Fargo, in the county 
of Cass. 

Fourth. A state normal school at the city of Valley City, in the 
county of Barnes; and the legislative assembly in apportioning the 
grant of 80,000 acres of land for normal schools made in the act of con- 
gress referred to, shall grant to the said normal school at Valley City 
aforementioned 50,000 acres, and said lands are hereby appropriated to 
said institution for that purpose. 

Fifth. The school for the deaf and dumb of North Dakota at the 
city of Devils Lake in the county of Ramsey. 

4: * « 4: « 

Seventh. A state normal school at the city of Mayville in the county 



12 GENERAL SCHOOL LAWS 



of Trail; and the legislative assembly in apportioning the grant of land 
made by congress in the act aforesaid for state normal schools, shall 
assign 30,000 acres to the institution hereby located at Mayville, and 
said lands are hereby appropriated for said purpose. 

Eighth. A state hospital for the insane at the city of Jamestown, in 
the county of Stutsman. And the legislative assembly shall appropriate 
twenty thousand acres of the grant of lands made by the act of congress 
aforesaid for "other educational and charitable institutions," to the 
benefit and for the endowment of said institution, and there shall be 
located at or near the city of Grafton, in the county of Walsh,' an in- 
stitution for the feeble minded, on the grounds purchased by the secre- 
tary of the interior for a penitentiary building. 

* * m * * 

Sec. 216. The following named public institutions are hereby per- 
manently located as hereinafter provided, each to have so much of the 
remaining grant of one hundred and seventy thousand acres of land 
made by the United States for "other educational and charitable in- 
stitutions" as is alloted by law, namely: 

First: A soldiers' home, * * * at Lisbon, in the County of Ransom, 
with a grant of forty thousand acres of land. 

Second: The school for the blind of North Dakota, at Bathgate, in 
the County of Pembina, with a grant of thirty thousand acres. 

Third: An industrial school and school for manual training * * * 
at the Town of EUendale, in the County of Dickey, with a grant of 
forty thousand acres. 

Fourth: A school of forestry, * * * * at the city of Bottineau, 
in the County of Bottineau. 

Fifth: A scientific school * * * * at the City of Wahpeton, 
County of Richland, with a grant of forty thousand acres. 

Sixth: A state normal school at the City of Minot in the County of 
Ward. 

Seventh: (a) A state normal school at the City of Dickinson, in the 
County of Stark. 

Provided, That no other institution of a character similar to any one 
of those located by this Article, shall be established or maintained with- 
out a revision of this Constitution. 

Seventh: (b) A statq hospital for the insane at such place within 
this state as shall be selected by the legislative assembly, provided, that 
no other institution of a character similar to any one of those located 
by this Article shall be established or maintained without a revision of 
this Constitution. 



STATE OF NORTH DAKOTA 13 



PART II.— COMPILED SCHOOL LAWS 



Division 1. — Administrative Organization 



CHAPTER 1.— STATE ORGANIZATION 

ARTICLE 1.— THE STATE 



Sec. 1415. FREE PUBLIC SCHOOLS.] The state university and school 
of mines at Grand Forks, the agricultural college at Fargo, the state 
normal school at Valley City, the state normal school at Mayville, the 
state normal school at Minot, the school for the deaf and dumb at Devils 
Lake, the school of forestry at Bottineau, the North Dakota academy 
of science at Wahpeton, and the normal industrial school at Ellendale, 
and all other schools heretofore established by law and maintained by 
taxation, constitute the system of "free public schools" of the state. 
Chapt. 34, p. 25, 1915. 

Sections 1416, 1417, 1418, 1419 repealed by Senate Bill No. 64, 1919. 

Sec. 1343. SCHOOLS EQUALLY FREE AND ACCESSIBLE.] The 
public schools provided for in this chapter shall be at all times equally 
free, open and accessible to all children over six and under twenty-one 
years of age residing in the district. 

Sec. 1389. MORAL INSTRUCTION.] Moral instruction tending to 
impress upon the minds of pupils the importance of truthfulness, tem- 
perance, purity, public spirit, patriotism, international peace, respect for 
honest labor, obedience to parents and due deference for old age, shall 
be given by each teacher in the public schools. 

Sec. 8203. THE RIGHT OF EMINENT DOMAIN.] Subject to pro- 
vision of this chapter the right of eminent domain may be exercised in 
behalf of the following public uses: * * * 

3. Public buildings and grounds for the use of any county, in- 
corporated city, village, tow^ or school district; * * * 

8. Sewerage of any incorporated city, or of any village or town, 
whether incorporated or unincorporated, or of any settlement consisting 
of not less than ten families, or of any public buildings belonging to the 
state, or to, any college or university. * * * 

ARTICLE 2.— SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Sec. 1105. QUALIFICATIONS OF, TERM OF OFFICE.] There 
shall be elected by the qualified electors of the state at the time of choos- 
ing members of the legislative assembly, a superintendent of public in- 
struction, who shall have attained the age of twenty-five years, who 
shall have the qualifications of an elector for that office, and be the 
holder of a teacher's certificate of the highest grade, issued in this state. 
He shall hold his office at the seat of government for the term of two 



14 GENERAL SCHOOL LAWS 



years, commencing/ on the first Monday in January following his elec- 
tion, and until his successor is elected and qualified. 

Sec. 1106. TO PRESERVE MISCELLANEOUS DOCUMENTS.] He 
shall preserve in his office all books, maps, charts, works on education, 
school reports and school laws of other states and cities, plans for school 
buildings and other articles of educational interest and value which may 
come into his possesion as such officer, and at the expiration of his 
term he shall deliver them together with the reports, statements, records 
and archives of his office to his successor. 

Sec. 1107. SUPERVISION OF SCHOOLS.] He shall have the gen- 
eral supervision of the public schools of the state and shall be ex-officio 
member of the board of university and school lands and of the normal 
school board of the state. 

Sec. 1108. TO FURNISH SCHOOL SUPPLIES, BLANKS, ETC.] He 
shall prepare, cause to be printed and furnished to the proper officers or 
persons all district clerks' record books and warrant books, school treas- 
urer's record books, school registers, reports, statements, notices and 
returns needed or required to be used in the schools or by the school 
officers of the state. He shall prepare and furnish to school officers, 
through the- county superintendents, lists of publications approved by 
him as suitable for district libraries; such lists shall contain also the 
lowest pr.lce at which each publication can be purchased and such other 
information relative to the purchase of district libraries as he may deem 
requisite. 

Sec. 1109. PRESCRIBE COURSE OF STUDY.] He shall prepare and 
prescribe a course of study for all the common schools of the state. 

Sec. 1110. ADVISE COUNTY SUPERINTENDENTS.] He shall 
counsel with and advise county superintendents and boards of education 
in special or independent school districts upon all matters involving the 
welfare of schools and he shall, when requested, give them written 
answers to all questions concerning the school law. He shall decide all 
appeals from the decision of the county superintendents and may for 
sucli decisions require affidavits, or verified statements or sworn testi- 
mony as to the facts in issue. He shall prescribe and cause to be en- 
forced, rules of practice and regulations pertaining to the hearing and 
determination of appeals and necessary for carrying into effect the school 
laws of the state. 

Sec. 1111. CONFERENCE WITH COUNTY SUPERINTENDENTS.] 
He shall meet with any or all of the county superintendents of the state 
at such time and place as he shall appoint, giving them due notice of 
such meeting, and it shall be their duty to attend such meetings. The 
object of such meetings shall be to accumulate valuable facts relative to 
schools, to compare views, to discuss principles, to hear discussions and 
suggestions relative to the examination and qualifications of teachers, 
methods of instruction, text books, institutes, visitation of schools and 
other matters relating to the public schools. 

Sec. 1112. RULES FOR TEACHERS' INSTITUTES.] He shall 



STATE OF NOKTH DAKOTA 15 



prescribe rules and regulations for the holding of teachers' institutes 
and teachers' training schools, and after counseling and advising with 
the county superintendent shall appoint conductors and assistants there- 
for. He shall prescribe the course of instruction for teachers' institutes 
and for teachers' training schools. 

Sec. 1113. TO ASSIST AT TEACHERS' INSTITUTES.] He shall 
when practicable, attend and assist at teachers' institutes and aid and 
encourage generally, teachers in qualifying themselves for the success- 
ful discharge of their duties; he shall labor faithfully in all practicable 
ways for the welfare of the public schools of the state, and shall perform 
such other duties as shall be required of him by law. 

Sec. 1114. RECORD OF OFFICIAL ACTS.] He shall keep a com- 
plete record of all his official acts and shall file in his office all appeals 
and the papers pertaining thereto. 

Sec. 1115. SEAL.] He shall provide and keep a seal by which all his 
official acts may be authenticated. 

Sec. 1116. BIENNIAL REPORT, WHAT TO CONTAIN.] He shall, 
on or before the first day of November preceeding the biennial session 
of the legislative assembly, make and transmit to the governor a report 
showing : 

1. The number of school districts, schools, teachers employed and 
pupils taught therein and the attendance of pupils and studies pursued 
by them. 

2. The financial condition of the schools, their receipts and ex- 
penditures, value of school houses and property, cost of tuition and salary 
of teachers. 

3. The condition, educational and financial, of the normal and higher 
institutions connected with the school system of the state and as far as 
it can be ascertained, of the privMe schools, academies and colleges of 
the state. 

4. Such general matters, information and recommendations relating 
to the educational interests of the state, as he may deem important. 

Sec. 1117. REPORTS TO BE PRINTED.] Three thousand copies of the 
report of the superintendent of public instruction shall be printed bien- 
nially in the month of December preceeding the session of the legislative 
assembly. One copy shall be furnished to each of the members of the 
legislative assembly, five to each state educational institution, one copy 
to each county superintendent of the state, one copy to the president of 
each school board, one copy to each state officer, one copy to ©ach state 
and territorial superintendent and twenty copies shall be filed in the 
office of the superintendent of public instruction and ten copies in the 
state library. Copies may be distributed among the various colleges, 
universities, and libraries of the United States. 

Sec. 1118. SCHOOL LAWS TO BE PRINTED.] He shall in the year 
1911, and every four years thereafter, cause to be printed, the school laws 
of the state, with such notes and decisions thereon as may seem to him 
advisable, and shall furnish them through the office of the county super- 



16 GENERAL SCHOOL LAWS 



intendent of schools, to the school officers of the state, and to public 
libraries within the state. At the close of any biennial session of the 
legislature he shall publish in pamphlet form the laws pertaining to 
education enacted at that sssiort and shall distribute them as provided 
for the distribution of the school laws. 

Sec. 1119. PUBLICATION OF PROCEEDINGS OF EDUCATIONAL 
ASSOCIATION.] The state superintendent of public instruction is 
hereby authorized and required to publish annually, as public matter, 
not to exceed one thousand five hundred copies of the proceedings of the 
North Dakota Educational Association, the same to be distributed 
throughout the state by the department of public instruction; provided, 
that a copy of the proceedings of said association shall be filed by the 
secretary or other officer of said association with the superintendent of 
public instruction, on or before the first day of February of each year. 

Sec. 1120. SALARY. TRAVELING EXPENSES.] He shall receive 
an annual salary of three thousand dollars and in addition thereto his 
actual and necessary traveling expenses incurred in the discharge of his 
official duties, not exceeding one thousand two hundred dollars in any 
one year, such expenses to be paid monthly on the warrant of the state 
auditor upon his filing with such auditor an itemized statement of such 
expenses properly verified. The state superintendent may appoint a 
deputy for whose official acts he shall be responsible. He may also ap- 
point an assistant whose duty shall be to assist the state superintendent 
in visiting schools, institutes, attending school officers' meetings and to 
perform such other duties as the state superintendent may direct. The 
state superintendent may also appoint such clerks as shall be necessary 
in carrying on the v/ork of his department. 

Sec. 1011. MEMBER STATE BOARD OF CANVASSERS.] The 
secretary of state, state auditor, state treasurer, attorney-general and 
superintendent of public instruction shall constitute the state board of 
canvassers, * * * 

Sec. 876. MEMBER STATE BOARD OF CANVASSERS. PRI- 
MARY ELECTION.] For the purpose of canvassing and ascertain- 
ing the result of any primary election the state board of canvassers 
shall meet at the office of the secretary of state on the first Tuesday in 
September next following a primary election, and to be composed of the 
following members, viz.: Clerk of the Supreme Court, Secretary of 
State, Superintendent of Public Instruction and the Chairman of the 
State Central Committee of the two political parties that cast the highest 
votes for governor at the last general election * * * * 

Sec. 1429. APPOINTMENT BY SUPERINTENDENT OF PUBLIC 
INSTRUCTION.] The superintendent of public instruction shall appoint 
the deputy superintendent of public instruction, state consolidated, graded 
and rural school inspectors or assistants, high school inspectors, clerks 
and others in the office of the superintendent of public instruction pro- 
vided by law. 

Sec. 701. DEPUTY MAY BE APPOINTED.] The * * * superin- 



STATE OF NOKTH DAKOTA 17 



teudent of public instruction and * * * county superintendent of 
schools * * * may each appoint a deputy for whose acts as such 
he shall be responsible; and each officer required to give a bond 
may require a bond from any deputy appointed by him, which bond shall 
be in the penal sum of not greater than half the penal sum of his own 
bond, and such bond may be retained by the officer for his own protec- 
tion. Such appointment shall be in writing and shall be revocable in 
writing at the pleasure of the principal and all such appoiiitments and 
revocations shall be filed as and where required for the bond and oath 
of the principal. 

Sec. 703. OATH OF DEPUTY.] Each deputy shall take and subscribe 
the same oath as his principal (naming his deputyship), which shall 
be indorsed upon and filed with his certificate of appointment. 

Sec. 59. VOLUMES OP REPORT TO BE PRINTED.] * * * Two 
hundred copies of the biennial reports of the state auditor, state treas- 
urer, commissioner of insurance and superintendent of public instruc- 
tion shall be bound in cloth, the remainder authorized by law, to be bound 
in pamphlet fprm, unless otherwise ordered by the commissioners of 
printing. 

Sec. 66. BIENNIAL AND SPECIAL REPORTS, HOW PRINTED.] 
* * * Two thousand copies of the report of the superintendent of 
public instruction. * * * 

Sec. 1454. APPROPRIATION FOR SUPERINTENDENTS LIB- 
RARY.] There is hereby appropriated out of any funds in the state 
treasury the sum of three hundred dollars annually, to be paid by war- 
rant of the state auditor on the state treasurer upon the presentation of 
an itemized bill in due form by the superintendent of public instruction, 
for the purchase of reference or pedagogical books for the state educa- 
tional library in the office of such superintendent. 



STATE EX REL. LANGER, ATTY. GEN., V. MACDONALD. 

1. The original jurisdiction of the Supreme Court may properly be 
invoked in a mandamus proceeding involving the right of possession of 
the office of superintendent of public instruction. 

2. It is the duty of every public officer, at the expiration of his official 
relation, to surrender to his successor the property and insignia of the 
office which the law commits to his custody. This duty is ministerial 
only, and its performance is enforceable by mandamus. 

3. The certificate of election to the office in dispute and qualification 
thereunder is prima facie title to the office, and the courts will not, in a 
mandamus proceeding to compel surrender of the office of the holder 
of the certificate of election, go behind such certificate. 

4. In such mandamus proceeding, the prima facie title of the office 
cannot be defeated by averments of fact which involve the ultimate title 
to -the office. 

ARTICLE 3.— THE STATE BOARD OF EDUCATION 

Sec. 1423. THE BOARD AND MEMBERSHIP.] There is hereby 



18 GENERAL SCHOOL LAWS 



created a State Board of Education, to be composed of the president of 
the university, president of the agricultural college, the state super- 
intendent of public instruction, the state inspector of graded and rural 
schools, the state high school inspector, each ex-officio, and a state 
normal school president, to be designated by the governor of the state 
from the normal schools in the order of the establishment of the insti- 
tutions which they represent, and an industrial school president, to be 
designated by the governor of the state from the industrial schools, in 
the order of the establishment of the institutions which they represent, 
a county superintendent of schools, and a male citizen who is not con- 
nected with the educational system, each to be designated by the gov- 
ernor. 

Sec. 1424. APPOINTMENT AND TERMS.] The "governor shall ap- 
point by the advice and consent of the senate, during the thirteenth legis- 
lative assembly, a normal school president, an industrial school president, 
a county superintendent, and a male citizen, as members of the State 
Board of Education, for a term from July 1, 1913, to the first Tuesday in 
April, 1915, and thereafter during the session of the legislative assembly, 
for a term of two years from the first Tuesday in April of each odd num- 
bered year. No normal school or industrial school shall be represented 
a second time on the State Board of Education by its president until 
each normal school and each industrial school has been represented on 
the State Board of Education by its president. 

Sec. 1425. COMPENSATION.] The members of the State Board of 
Education not receiving salaries from the state, county, or state institu- 
tions, shall receive three dollars for each day employed, and all members 
of the board shall receive the actual and necessary expenses incurred 
in attending meetings of the board and in the performance of all duties 
in connection therewith, which shall be paid out of the state treasury on 
the voucher of the board, as provided by law. 

Sec. 1426. MEETINGS.] The board shall hold six regular meetings, 
one in each of the months of July, September, November, January, March 
and May of each year, and all such meetings shall be held at one of the 
state educational institutions, at the state capitol, or at such place as 
the board may determine. The board may hold, at its discretion, special 
meetings/ of which due notice stating special purposes shall be given, 
and which may be held at any place within the state, but it shall not 
meet to exceed twelve times a year. The state superintendent of public 
instruction shall be the president of the board, and his deputy shall be 
secretary with such compensation as the board may determine. 

Sec. 1427. POWERS AND DUTIES.] The duties of the State Board of 
Examiners established for the purpose of granting certificates to persons 
desirous of teaching in the state of North Dakota, as provided for in 
Chapter 266 of the Session Laws of 1911, Sections 246, 247, 248, 249, 250, 
251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265 and 
266, are hereby made a part of the duties of the State Board of Educa- 
tion, and all authority and powers granted to the said Board of Ex- 



STATE OF NOKTH DAKOTA 19 



aminers are hereby transferred and made a part of the duties of the 
State Board of Education. The State Board of Education is further 
authorized to establish such rules as may be found necessary to secure 
uniformity and best results among the schools receiving state aid, as 
rural, graded or consolidated schools, as provided in Chapter 35 of the 
Session Laws of 1911. The duties of the state agricultural and training 
school board, as defined in Chapter 265 of the general laws of 1911, are 
hereby transferred to the State Board of Education, and made a part 
of its duties. The duties of the state high school iroard, as defined in 
Chapter 267 of the Session Laws of 1911, are also hereby transferred to 
the State Board of Education, and made a part of its duties. The rules 
and regulations for classification of state, rural, graded and consolidated 
schools, as provided for by law, shall be made by the State Board of 
Education. Provided, also, that the classification of those schools and 
apportioning of the funds, as provided by law, shall be under the control 
of the State Board of Education, and it shall perform such other func- 
tions as the legislature may from time to time confer upon it. 

Sec. 1428. VISITATIONS AND INSPECTIONS.] The State Board 
of Education, or their representatives or inspectors, may visit, examine 
into and inspect any educational institution under the supervision of the 
state, and may require as often as desired duly verified reports there- 
from, giving such information in such form as the superintendent of 
public instruction or the Board of Eaui;ation may prescribe. 

Sec. 1429. APPOINTMENT BY SUPERINTENDENT OF PUBLIC 
INSTRUCTION.] The superintendent of public instruction shall ap- 
point the deputy superintendent of public instruction, state consolidated, 
graded and rural school inspectors or assistants, high school inspectors, 
clerks and others in the office of the superintendent of public instruc- 
tion provided by law. 

ARTICLE 4.— THE STATE LIBRARY COMMISSION. 

Sec. 1530. COMMISSION CREATED.] There is hereby created a 
State Library Commission consisting of five members. 

Sec. 1531. COMMISSION, BY WHOM COMPOSED. SALARY OF 
LIBRARIAN. ABOLISHING COMMISSION.] The governor, state 
superintendent of public instruction, secretary of state, state auditor 
and the commissioner of agriculture and labor shall constitute the state 
library commission. The commission shall appoint an executive officer 
to be known as the secretary of the library commission, who shall receive 
an annual salary of eighteen hundred dollars per year, who shall have 
control of the work and shall be the director of the library extension, 
provided, however, that if this legislative assembly enacts a law creating 
a board of regents to control all state educational institutions, then this 
commission shall be abolished and such board of regents shall assume 
and take over all the duties of the commission as a part of the duties of 
said board of regents. Chapter 238, p. 356, 1915. 

Sec. 1532. Repealed. 



20 GENERAL SCHOOL LAWS 



Sec. 1533. EXPENSES OF MEMBERS ALLOWED.] No member of 
said state library commission shall ever receive any salary or per diem 
or compensation of any kind for services as members of such commis- 
sion. Members of the state library commission shall be allowed and paid 
necessary traveling expenses in attending meetings of the commission 
or in visiting or establishing libraries, and other incidental and neces- 
sary expenses connected with the work of the commission. 

Sec. 1534. DUTIES.] The state library commission on and after its 
creation and organization, shall take over_ and add to the educational 
reterence library and the^ system of traveling libraries, and shall con- 
tinue the same, and, as its funds permit, shall increase the number and 
usefulness of the libraries. Any city, town, village, school district or 
community within the state of North Dakota may borrow books under 
the rules and regulations of the state library commission. The com- 
mission shall catalogue and otherwise prepare said books for circulation 
and shall make rules and regulations according to which the business 
of the commission shall be done; and also such rules and regulations as 
shall insure the care, preservation and safe return of all books loaned. 
The state library commission shall have the power and it shall be its 
duty to establish a legislative reference bureau for the information and 
assistance of the members of the legislative assembly in the work of 
legislation. The legislation of other states and information upon legal 
and economic questions shall be classified and catalogued in such a way 
as to render the same easy of access to members, thereby enabling them 
better to prepare for their work. It shall be the duty of the legislative 
librarian to assist in every way possible the members of the legislative 
assembly in obtaining information and in the preparation of bills. 

Sec. 1535. COMMISSION GIVES ADVICE AND AID.] The librarian 
or trustees of any free public library or the trustees of any village, town 
or community, entitled to borrow books from said traveling libraries 
may, without charge, ask and receive- advice and instruction from said 
library commission upon any matter pertaining to the organization, 
maintenance or administration of the libraries, and said commission 
shall, as far as possible, promote and assist by counsel and encourage- 
ment, the formation of libraries where none exist, and the commission 
may also send its members to aid in organizing new libraries or im- 
proving those already established. 

Sec. 1536. STATISTICS KEPT. PUBLISH REPORT.] The state 
library commission shall keep statistics of the free public libraries of 
North Dakota and a record of the work done and books loaned by said 
commission, and shall make a full report to each general session of the 
legislature of all expenditures by the commission, and of such statistics 
and records as shall show the work done by the commission, the use made 
of the traveling libraries, and of all other matters which they deem ex- 
pedient for the information of the legislature, and the printing of which, 
and all other printing coming within the purview of the library commis- 
sion, shall be paid for out of the general printing fund of the state. 



STATE OF NOKTH DAKOTA 21 

Sec. 1537. OFFICES PROVIDED.] There shall be provided in the 
capitol building adequate office room, to be furnished in the same man- 
ner as other offices therein are furnished, for the state library commis- 
sion, with such suitable quarters as may be necessary for the proper 
shelving of the educational reference library, the books of the traveling 
libraries and the legislative reference collection. 

Sec. 1538. APPROPRIATION.] There is hereby appropriated for 
the use and purposes of the state library commission any unexpended 
balances in the funds appropriated for the educational reference library 
and traveling libraries, and also an annual appropriation of seven thou- 
sand eight hundred dollars out of any moneys in the state treasury not 
otherwise appropriated. 

Sec. 1177. THE COMMON SCHOOL DISTRICT BOARD AND THE 
DISTRICT LIBRARY.] It shall have the care and custody of the library 
and may appoint as librarian any suitable person, including one of their 
number, but whenever practicable, the library shall be kept in the school 
house and always so when school is in session. It shall make rules to 
govern the circulation and care of the books while in the hands of the 
pupils or other persons, subject to the general rules as may be prescribed 
by the state superintendent of public instruction, and may impose and 
collect penalties for injuries done to any book by the act, negligence or 
permission of the person who takes the same or while in his possession, 
but no book shall be loaned to any person not a resident of the district. 
It may at any time temporarily exchange any part or all of its library 
with any other district or persons, so far as different books may be ob- 
tained, but each district shall recall its books before the close of the 
school term. It may at any time accept donations of books for the 
library, but it shall exclude therefrom all books unsuited to the cultiva- 
tion of good character and good morals and manners, and no sectarian 
publications, devoted to the discussion of sectarian differences and creeds 
shall be admitted to the library. It shall be held accountable for the 
proper care and preservation of the library, and shall report annually 
to the county superintendent all library statistics which may be required 
by the blanks furnished for that purpose by the superintendent of public 
instruction. 

ARTICLE 5.— THE STATE BOARD OF REGENTS. 
Chapt. 237, p. 350, 1915. 

Sec. 1. STATE BOARD OF REGENTS, INSTITUTIONS UNDER 
ITS CONTROL.] A board of regents of state educational institutions, 
to be officially known as the state board of regents, consisting of five 
members is hereby created for the general control and administration 
of the following state educational institutions. 

1. The state university and school of mines, at Grand Forks, with their 
substations. 

2. The state agricultural college and experiment station, at Fargo, 
with their sub-stations. 



22 GENERAL SCHOOL LAWS 



3. The school of science, at Wahpeton. 

4. The state normal schools at Valley City, Mayville and Minot. 

5. The normal and industrial school, at Ellendale. 

6. The school of forestry, at Bottineau. 

7. And such other state educational institutions as may be hereafter 
established. 

Sec. 2. BOARD, HOW APPOINTED. QUALIFICATIONS. TERM 
OF OFFICE.] 

Sec. 3. REMOVAL OF MEMBER. VACANCY. HOW FILLED.] 

Sec. 4. MEMBERS TO TAKE OATH. BOND.] 

Sec. 5. COMPENSATION OF MEMBERS.] 

Sec. 6. OFFICE. OFFICE HELP AND SUPPLIES.] The board shall 
be provided with suitable offices in the state capitol building at Bis- 
marck and shall provide necessary office furnishings, books, stationery, 
printing, postage stamps, and such other supplies as are necessary, and 
shall employ such clerical assistance as in their opinion is required. 

Sec. 7. POWERS AND DUTIES OF BOxiRD.] The state board of 
regents shall, upon being established as provided herein, assume all the 
powers and perform all the duties now exercised or performed by the 
normal board of control and the several boards of trustees of the in- 
stitutions by this act placed under the control of the state board of 
regents July 1st, 1915. The existing normal board of control and the 
boards of trustees of the institutions enumerated in this act, except as 
hereinafter provided, shall immediately upon the organization of the 
state board of regents as hereinbefore provided in this act, surrender 
and transfer to the state board of regents, all duties, rights and powers 
and immunities granted them under existing laws of this state, together 
with all property, deeds, records, reports and appurtenances of every 
kind, now held by the normal board of control and boards of trustees of 
the institutions enumerated in Section 1 hereof. Such normal board of 
control and boards of trustees shall thereupon cease to exist, and the 
state board of regents shall succeed to all the rights, duties, powers and 
immunities belonging to the normal board of control and boards of 
trustees and shall assume full control of all property, deeds, records, 
reports and appurtenances aforesaid, until otherwise prescribed by law. 

The state board of regents shall make all necessary rules and regula- 
tions for its own official procedure and for the efficient management 
and control of the educational institutions and of their various depart- 
ments. 

The state board of regents first appointed shall, as soon as practical 
after having organized, procure to be made by a competent expert, or 
experts, from without the state, an educational survey of all institutions 
under its control for the purpose of ascertaining wherein the efficiency 
of the state educational institutions can be best served and economy in 
conducting the same best practiced. 

Upon the completion of such educational survey the state board of 
regents shall appoint from without the state a state commissioner of 



STATE OF NOKTH DAKOTA ^3 



education who shall be a graduate of some reputable college or univer- 
sity who must have made a special study of educational problems, and 
have had at least three years' experience in educational administrative 
work. Such commissioner of education shall perform such duties of ex- 
amination, inspection and visitation as the board may direct, and shall 
advise the board on all matters pertaining to the curricula, co-ordination 
and correlating of work in the institutions under the control of such 
board and he shall make a special study of the particular needs and re- 
quirements of each institution and shall report thereon to the board at 
such time as they shall direct. 

Such commissioner of education shall receive a salary of not to exceed 
five thousand dollars ($5,000.00) per annum, to be fixed by the board, 
with his actual and necessary traveling expenses while attending meet- 
ings of the board and in visitation, inspection and examination of in- 
stitutions under the control of said board. 

The state board of regents shall have the power to elect a president 
and treasurer for each of the said educational institutions, professors, 
instructors, officers and employees and shall fix the compensation paid 
them. 

The board shall act in consultation with the president of each institu- 
tion, in order the more efficiently to administer to the needs and proper 
development of each institution in harmony with the best interests of 
the people of the state, and for the up-building of higher and technical 
education in North Dakota. 

The state board of regents shall co-ordinate and correlate the work 
in the different institutions so as to prevent wasteful duplication and to 
develop co-operation among such institutions in the exchange of in- 
structors and students, and shall fix a tuition to be paid in such institu- 
tions or any department thereof when not provided by law. It shall 
make recommendations in regard to needed legislation for the institu- 
tions under its control, and it shall, prior to each meeting of the state 
legislature and in ample time for due consideration by the legislative 
assembly, prepare a budget setting forth the financial needs of all state 
educational institutions under its supervision and control for the period 
for which an appropriation is made. 

It shall submit with such budget plans for all betterments and im- 
provements or buildings costing more than five thousand dollars 
($5,000.00) for which it may recommend an appropriation. But when an 
appropriation for any amount has been made, there shall be no expen- 
diture thereof until the board has secured suitable plans and specifica- 
tions prepared by a competent architect, and accompanied by a detailed 
statement of the amount, quality and description of all material and 
labor required for the completion of said structure; and no plan or plans 
shall be adopted, and no betterments, improvements or buildings con- 
structed that contemplate the expenditure of more money for completion 
than the amount appropriated by the legislature therefor, unless ex- 
empted from the provisions of this section by the act making such ap- 



24 GENERAL SCHOOL LAWS 



propriation. In no event shall the board direct or permit an expenditure 
for any purpose in excess of the amount appropriated by law, or con- 
templated by the statute, and the members of said board, its officers, and 
agents, are not subject to the provisions of Sections 9827, 9828, 9829 and 
9830 of the Compiled Laws of North Dakota of 1913, but any violation 
of the provisions of either of the said sections of the code above named 
by any member of said board, its officers or agents, shall be deemed a 
misdemeanor and on conviction the offender shall be fined in any sum not 
less than two hundred dollars ($200.00) nor more than five thousand 
dollars ($5,000.00) In the discretion of the court, or imprisoned in the 
county jail not exeeding one year, or by both such fine and imprisonment. 

This budget shall be transmitted in separate form to the governor and 
legislative assembly at the same time as its biennial report is trans- 
mitted as hereafter required. The board shall have general supervision, 
direction and control of the expenditure of the funds for, or belonging 
to, or at the disposal of, the various state educational institutions. 

In order to effect the greatest economy, efficiency, and facility in pro- 
viding for the needs and work of the various institutions the president of 
each institution shall submit to the state board of regents, at least once 
each year, a budget showing the needs and amounts recommended for 
the work of the various departments of the institutions, and for im- 
provements, repairs, miscellaneous items of maintenance and such other 
items as shall seem expedient. When this budget has been approved by the 
board of regents, it shall form the basis of expenditures for the institu- 
tions during the period designated and the president of the institution, 
and the business office thereof, shall conform to this budget in the ex- 
penditures made for carrying on the work of the institution as provided 
for in this budget. No change in, or departure from, the expenditures 
outlined and provided for in the budget, shall be made except when emer- 
gency requires, when the approval of such change or depai^ture by the 
state board of regents must first be had. — 

The state board of regents shall install a system of accounting which 
shall be uniform as far as practicable, for all the institutions under its 
control. The board shall submit a biennial report to the governor not 
later than the first day of September next preceeding the legislative 
session. The report herein required, shall contain a detailed financial 
statement showing fully the items of income from every source and ex- 
penditures of every nature, of the institutions under the control of the 
board for the period covered by the report. 

The report first made after the organization of the state board of 
regents as provided in this act, shall set forth in detail, what has been 
accomplished by the board in co-ordinating and correlating the work of 
the several institutions. 

Sec. 8. MEETINGS. QUORUM.] The board shall hold an annual 
meeting at its office in the city of Bismarck on the 1st Tuesday in July 
of each year. It shall hold quarterly meetings, if practicable, at one of 
the institutions under its control, but only one quarterly meeting shall 



STATE OF NOKTH DAKOTA 25 



be held at the same institution in any year. Annual and quarterly meet- 
ings may be called by the secretary. Special meetings may be held upon 
the call of the president or upon request of three of the members of the 
board, at such place and time as the members demanding such meeting 
request, and a majority of such board shall constitute a quorum. 

Sec. 9. ITEMIZED STATEMENT.] Before any of the expenses of 
the members of said board, any officer, or agent, thereof, or before any 
expenses incurred by others under the direction of the board, or the ex- 
penses of any officer or any employee of any Institution under the charge 
of the board, shall be paid, a minutely itemized statement of every item 
of expenditure shall be presented to the proper authority duly verified, 
which verification shall aver that the expense bill is just, accurate and 
true and is claimed for cash expenditures, or cash disbursements, truly 
and accurately made, or payment thereof shall not be made. The ex- 
pense bills of the members of the board, the secretary and its other 
employees, when so verified, shall be presented to the state auditing 
board for their written audit, before payment is made. The salaries and 
such actual expenses of the board, and the secretary and other officers, 
and the salaries of employees, shall be paid monthly by the state treas- 
urer, upon the warrant of the state auditor. 

Sec. 10. APPROPRIATION.] There is hereby appropriated out of 
any funds in the state treasury not otherwise appropriated the sum of 
eighteen thousand dollars ($18,000.00) annually, or as much thereof as 
jnay be necessary to carry out the provisions of this act. 

Sec. 1816. MANNER OF PAYMENT OF APPROPRIATIONS. DUTIES 
AND POWERS OF STATE BOARD OF REGENTS.] A proper officer, 
to be designated by the State Board of Regents for each educational in- 
stitution shall prepare two separate monthly statements showing: First, 
the pay roll, and second, the purchases and expenditures of every kind 
of the preceeding month, which shall be sig'ned by such officer, approved 
by the chief executive officer of the institution, and filed with the State 
Board of Regents on a date fixed by the said Board. Attached thereto 
shall be the affidavit prescribed by Section 274 of the Compiled Laws 
of 1913. If any invoice or statement, or any part thereof is found ob- 
jectionable, the board shall endorse its disapproval thereon, with its 
reasons therefor, and return it to the management of the institution, 
and when the matter complained of is correct 'id, said statement and in- 
voice shall be returned to the board. 

The monthly statements so made and verified shall be forwarded 
to the State Board of Regents, together with the original invoices 
of the purchases and a complete itemized statement of every ex- 
pense of said institution, including the certified pay roll, for the exami- 
nation and audit and approval of the State Board of Regents. When 
the said accounts are audited, the proper institutional officer shall pre- 
pare an abstract in quadruplicate each month, or at other times, for each 
educational institution, ^bowing the name and amot\nt due each claimant 
and the fund out of which such payment shall be made. One copy of 



26 GJilNERAL SCHOOL LAWS 



such abstract shall be kept on file in the office of the State Board of 
Regents, one copy of such abstract shall be filed with the State Auditor, 
one shall be retained by the institutional officer and n fourth filed with 
the local treasurer. Upon receipt of such certified abstract the state 
auditor shall issue a check through the State Board of Regents, for 
the total amount, to the institution treasurer, to be paid out of such 
treasury in a manner to conform to the rules of busin. ss prescribed by 
the Board of Regents. 

All specific appropriations for the educational institutions, other than 
those for maintenance, shall be paid by the state auditor as he may be 
directed by the State Board of Regents, according to th«> ■ provisions of 
the preceeding paragraph. 

All appropriations for the maintenance or fixed annual or biennial ap- 
propriations of the state educational institutions becoming effective on 
July 1st, 1917, or thereafter, shall be paid in equal monthly installments 
by the State Auditor on the Abstract of the State Board of Regents, or 
its secretary, through the board to the institutional treasurers. If the 
appropriation be for the biennial period, 1-24 of the total appropriation 
shall be paid each month; if the appropriation be for an annual period, 
the monthly payment shall be 1-12 of the total annual appropriation, pro- 
vided, however, that the state auditor may on the order of the State 
Board of Regents pay more thaii the monthly allowances with the per- 
mission of the governor and the state treasurer, whose approval must 
appear on the abstract calling for such an increased monthly payment, 
provided, further, that in no period of 12 consecutive months shall the 
total payments exceed the total appropriation for maintenance for one 
year. It shall be the duty of the state auditor to make, through the 
State Board of Regents to the treasurer of the educational institutions 
under its control, regularly quarterly payments of accrued interest and 
income from the state school fund on the first of January, April, July 
and October of each year. Chapt. 218, p. 305, 1917. 

Sec. 1817. Repealed 1915. 



STATE OF NORTH DAKOTA EX REL. WILLIAM LANGER, 
ATTORNEY GENERAL, V. EMIL SCOW'AND J. A. POWER. 

1. The provisions in section 2 of chapter 237 of the Laws of 1915, 
empowering the governor to nominate and the senate to confirm nomina- 
tions for the offices of members of the state board of regents during 
the same session of the legislature at which the act creating the offices 
was enacted, do not vest title to the offices in the appointees, which 
continue beyond July 1, 1917. 

2. Where officers continue in office after their right to hold and oc- 
cupy the office has ceased, the governor may declare the offices vacant 
and appoint successors who will hold as vacancy appointees. 38 N. D. 
246. (Opinion filed September 27, 1917.) 



STATE OF NORTH DAKOTA 27 



STATE OF NORTH DAKOTA EX REL. WILLIAM LANGER, ATTOR- 
NEY GENERAL, V. LEWIS F. CRAWFORD, FRANK WHITE, 
J. D. TAYLOR, EMIL SCOW, AND J. A. POWER. 

1. The provision of section 2 of chap. 237, Laws 1915 (commonly 
known as the State Board of Regents Act), empowering the governor to 
nominate and the senate to confirm nominations for the offices of mem- 
bers of the State Board of Regents during the same session of the legis- 
lature at which the act creating the office was enacted, does not con- 
flict with or contravene the initiative and referendum amendment to 
section 25 of the state constitution. 36 N. D. 385. (Opinion filed April 
28, 1917.) Rehearing denied June 20, 1917. 

ARTICLE 6. THE BOARD OF ADMINISTRATION. 

(S. B. No. 134, 1919.) 

Sec. 1. There is. hereby created the "Board of Administration" for the 
general supervision and administration of all State Penal, Charitable and 
Educational Institutions of the State, and the general supervision of the 
public and common schools of the state. For the exercise of these duties 
of general supervision the presidents or heads of the several State in- 
stitutions and Superintendent of Public Instruction shall be responsible 
to the Board. Said Board shall consist of five members, the State Super- 
intendent of Public Instruction, and the Commissioner of Agriculture 
and Labor who shall be ex-officio members of said Board, and three 
other members who shall be appointed by the Governor within ten days 
after this act takes effect. The members so appointed shall hold their 
office as follows: One until July 1, 1921, one until July 1, 1923, and one 
until July 1, 1925, as designated by the Governor; and thereafter the 
appointment of the members of said Board shall be for a term of six 
years and until their successors are appointed and qualified; provided, 
however, that the Governor may remove any appointive member of said 
Board for cause. 

Sec. 2. The appointive members of said Board shall give all their time 
to the duties of said office, and shall furnish bond in the sum of ten thou- 
sand dollars in the manner required by law, and each of them shall take 
the oath of office and qualify in the same manner as other state offi- 
cials, and shall receive a salary of Three Thousand Dollars per annum 
and all traveling and necessary expenses while in the discharge of their 
official duties. 

Sec. 3. The members of said Board shall meet at Bismarck within 
twenty days after this Act takes effect and organize by electing one of 
the members thereof Chairman of said Board. A majority of said Board 
shall constitute a quorum for the ti-ansaction of business. Said Board 
shall be provided with suitable offices at the State Capitol. 

Sec. 4. The Board of Administration may employ a Secretary, whose 
salary shall not exceed Three Thousand Dollars per annum; and it may 
employ such other administrative assistants, officers, directors of voca- 



28 GENERAL SCHOOL LAWS 



tional training and such school inspectors, business managers, account- 
ants and employees as may be, necessary, and fix the compensation of 
the same within the appropriation made for such purpose. The Board of 
Administration shall be the judge of the qualifications and may remove 
any such employee when, in its judgment, the public service demaiids it. 

Sec. 5. The Board of Administration shall assume all the powers 
and perform all the duties of the State Board of Education, State Board 
of Regents, and the State Board of Control, as are now exercised by any 
and all of said Boards and it shall succeed to the possession on behalf 
of the State, or any political subdivision thereof, of all records, docu- 
ments, reports and appurtenances of all kinds now held by any and all 
of said Boards. 

Sec. 6, Said Board shall make all necessary rules and regulations for 
its own official procedure and for the general administration, supervision 
and mailagement of the various penal, charitable and educational in- 
stitutions and for the general supervision of the public schools of the 
» State, and may require the performance of additional duties by the of- 
ficials of the several institutions so as to fully enforce all the require- 
ments, intents and purposes of this Act; and it shall make a special study 
of the particular need and requirements of all such institutions. It shall 
have power to appoint a temporary School Commission to consist of the 
Superintendent of Public Instruction, one county superintendent, one 
City Superintendent, the High School Inspector and one other member, 
to investigate the kinds and cost of library books, and text books for 
use in public schools of this State, and the question of uniformity of text 
books, and the printing and distribution of same by the State, with such 
recommendations as the Commission may deem proper. Said Commis- 
sion shall report to the Board on or before July 1, 1920, its findings and 
recommendations, and thereafter shall cease to exist. The members of 
such Commission shall be paid such compensation for their services as 
the Board may determine and their actual and necessary expenses. 

Sec 7. In order to carry out in detail the work of administration and 
supervision, the Board of Administration shall appoint an Educational 
Commission, to consist of the State Superintendent of Public Instruction, 
who shall be ex-officio chairman of the Commission, and four other 
members appointed by the Board for a period of two years as follows: 
one County Superintendent, one City Superintendent, one representative 
of the Normal Schools and one representative of the ' University and 
Agricultural College alternating, subject to the direction and general 
approval of the Board, to have charge and supervision of the certifica- 
tion of teachers', standardization of schools, examinations for eighth 
grade and high school pupils, preparation of courses of study for the 
several classes of public schools, and such other work as may be assigned 
to it by the Board. Such Commission shall meet at Bismarck on the first 
Tuesday in January, April, July and October of each year, and at such 
other times and places as may be found necessary, and the members 



STATE OF NORTH DAKOTA 29 



shall receive such compensation for their services as the Board may de- 
termine and their actual and necessary expenses. 

Sec. 8. The Board of Administration shall devise and install a system 
of accounting and auditing of all moneys appropriated, received and ex- 
pended adapted to the several institutions herein named, and make the 
system as nearly uniform as the necessities of the case may permit. 

Sec. 9. The pow^ers and duties of the State Superintendent of Public 
Instruction as heretofore provided by law^ shall be subject to the super- 
vision and control of the Board of Administration, only insofar, as such 
powers and duties w^ere by law subject to the supervision and control of 
any or all of the Boards mentioned in Section 5 of this Act. 

Sec. 10. The Board of Administration shall file a report on or before 
the first day of November in each year with the Governor of the State. 

Sec. 11. There is hereby appropriated out of any funds in the State 
Treasury not otherwise appropriated the sum of Forty Thousand Dollars 
annually, or as much thereof as may be necessary to carry out the pro- 
visions of this Act. All salaries and expenditures shall remain within 
the appropriation herein, and shall be paid by the State Treasurer upon 
warrant to the State Auditor in the manner provided by law. Approved 
March 6, 1919. Referred to the people and approved June 26, 1919. 

ARTICLE 7. POWERS AND DUTIES OF OTHER STATE OFFICERS, 
BOARDS AND COMMISSIONS IN RELATION TO EDUCATION. 

(a) The Goyernor. 

Sec. 113. GOVERNOR TO FURNISH BUSINESS REPORTS ON 
STATE INSTITUTIONS.] It shall be and is hereby declared to be the 
duty of the governor to submit to each legislative assembly a detailed 
report of all monies appropriated by the preceding legislative assembly" 
for state institutions, together with a summary of expenditures of each 
of such institutions, said summary to be dated December first of each 
even numbered year, and of a form which will show the following 
items, viz.: 

1. Cost of the boards of directors, per diem and for mileage. 

2. For salaries of presidents, superintendents or managers and their 
deputies or chief assistant. 

.3. Salaries of each member of every faculty. 

4. Amounts paid for maintaining summer schools. 

5. Amounts expended for janitor service. 

6. Amounts expended for guards and other employes, together with the 
number of each. 

7. Amounts expended for fuel; kind of fuel used; average price per 
ton. 

8. Amount expended for light service. 

9. Amount expended for water service, and how measured. 

10. Amount expended for new buildings, stating outside dimensions 
and what purpose used for. 

11. Amount expended for repairing buildings. 



30 GJflNERAL SCHOOL LAWS 



12. Amount expended for improvement of grounds. 

13. Amount expended for groceries, provisions and household supplies. 

14. Amount expended for clothing. 

15. Amount expended for school and library books. 

16. Amount expended for scientific and school apparatus and office 
sundries. 

17. Memorandum of sums appropriated by the preceding legislative 
assembly. 

18. Balance on hand of the various amounts appropriated or set aside 
by the last legislative assembly. 

Such report shall also state number of scholars regularly enrolled in 
each educational institution, the number of such scholars, who are not 
residents of this state, the number who pay tuition fees Over and above 
the matriculation or incidental fees, the number of summer school 
scholars, and the average attendance at such institution for each year of 
the biennial period of regularly enrolled students; the average number of 
inmates in each charitable institution for the same period, and the 
average number of prisoners confined in each penal institution for the 
like period, together with the average cost of maintenance each year of 
the individual scholar, inmate or prisoner, and in determining such cost, 
items 10, 11, 12, 17, and 18 only shall be eliminated, but every institution 
producing a portion of its supplies shall be allowed a fair net valuation 
on same as an offset to direct cost of other supplies in determining such 
per capita cost of conducting. 

Sec. 114. SUPPLYING DATA FOR REPORTS.] Upon demand 
therefor, the trustees of every state institution shall forward to the gov- 
ernor any data,- statistics or such other information as may be required 
by him as basis for making statements or reports called for under sec- 
tion 113. 

Sec. 115. PROVISION FOR PAYMENT OF COSTS OF REPORTS.] 

The purpose of this act being the submission to each legislative as- 
sembly of an up to date business like statement of state institutional 
business, the governor is hereby authorized to employ in formulating 
said statement or report, such clerical help as he shall deem necessary and 
have said statement printed at such cost and place as he shall deem 
proper; provided, that no more than two hundred copies of such biennial 
report shall be printed; and the state auditor shall draw his warrant 
upon the state treasurer for bills rendered for services under this act 
after such bills are approved by the governor. , 

Sec. 685. WHAT OFFICERS REMOVABLE BY GOVERNOR, 
GROUNDS.] The Governor may remove from office any county com- 
missioner, clerk of the district court, county judge, sheriff, coroner, 
county auditor, register of deeds, state's attorney, county treasurer, 
superintendent of schools, county commissioners, surveyor, public ad- 
ministrator, city auditor, city treasurer, any city commissioner, mayor, 
chief of police magistrate, deputy sheriff, or other police officer, or any 
custodian of public moneys, except the state treasurer, whenever it ap- 



STATE OF NORTH DAKOTA 31 



pears to hira by competent evidence and after a hearing as herinbefore 
provided that such officer has been guilty of misconduct, malfeasance, 
crime in office, neglect of duties in office, or for habitual drunkenness or 
gross incompetency. Approved February 11, 1919. 

(b) The Secretary of State. 

Sec. 92. BLUE BOOK TO BE PRINTED FOR DISTRIBUTION.] 
The secretary of state shall cause to be printed a sufficient number of 
Blue Books for distribution to the members of the legislative assembly, 
state institutions, elective state officers and their appointees, elective 
county officers, public libraries, legal newspapers, state high schools, 
and district schools of the state. Provided that it shall be the duty of 
the County Superintendent of Schools to certify to the Secretary of 
State on the first day of March of each year in which the legislature is 
in session, or as soon thereafter as possible, the total number of dis- 
trict schools in his county, in the libraries of which one copy of the 
Blue Book is placed. 

Sec. 93. PROCEDURE FOR DISTRIBUTION OF BLUE BOOKS.] 
The Secretary of State shall furnish and distribute, transportation col- 
lect, the Legislative Manual or Blue Book as follows: Five copies to 
each member of the legislative assembly; sixty copies to the State His- 
torical Society for exchange with other historical societies; seventy-five 
copies to the State Law Library for exchange with other state law 
libraries; sixty copies to the State Agricultural College for exchange 
purposes; two copies to each public institution maintained by the state; 
one copy to each elective officer of the state and one copy to each ap- 
pointee of elective state officers; two copie^ to each state high school 
to be placed In the school library and one copy to each legal newspaper 
in the state. Five hundred copies of the Blue Book shall be held in the 
office of the Secretary of State for distribution among the members of 
the next succeeding legislature. Upon receiving the certificate from the 
County Superintendent, provided for in the preceding Section, the 
Secretary of State shall consign a number of Blue Bocks to the County 
Superintendent which shall be equal to the number of district schools 
certified as provided herein. The County Superintendent shall upon re- 
ceipt of such consignment distribute the same among the district schools 
of his county, and it shall be his duty to see that each and every school 
within his jurisdiction is provided with a Blue Book. The remaining 
copies shall be held for distribution to residents of the state upon ap- 
plication to the Secretary of State accompanied by an amount of money 
sufficient to cover the cost of postage and packing as may be determined 
by the Secretary of State. 

The printing and binding of the Legislative Manual known as the 
North Dakota Blue Book shall be let as are other classes of state printing 
upon competitive bidding to the lowest bidder. 

(c) The State Auditor. % 

Sec. 133. SPECIAL DUTIES CONNECTED WITH SCHOOL FUND.] 
The state auditor must keep a separate account of the school fund and 
of the interest and income thereof, together with such moneys as may 



32 GENERAL SCHOOL LAWS 



be raised by special tax or otherwise for school purposes. He must on 
or beforol the third Monday in February, May, August, and Novembei 
of each year certify to the superintendent of public instruction the 
amount of the state tuition fund; he shall also at the same time make 
a statement to such officer of the securities belonging to the school fund, 
of the moneys in the treasury subject to apportionment and the sources 
from which the same accrued, and he shall also perform such duties and 
draw such warrants in reference to the school fund of the state as now 
are or hereafter may be prescribed by law. 

Sec. 1818. WHEN AUDITOR TO CANCEL UNEXPENDED AP- 
PROPRIATION.] The state auditor shall at the close of each biennial 
period cancel all unexpended appropriations or balances of appropria- 
tions, which shall have remained undrawn for the period of two years 
after the expiration of the biennial period during which they became 
available under the law; provided, that the governor, secretary of state 
and attorney-general may continue such appropriation or balances m 
force temporarily upon recommendation of the state auditor. 

Sec 1819. APPROPRIATION OF MISCELLANEOUS RECEIPTS.] 
There is hereby appropriated for the use of the several institutions all 
the funds in the state treasury derived from miscellaneous receipts under 
sections 1810 and 1811. 

(d) The Fire Marshall. ^ ., ^ 
Sec 202 DUTIES OF OFFICERS.] It shall be the duty of the tire 

marshall and assistant to enforce all laws of the state in respect to fires 
as follows: 

d The means and adequacy of exits in case of fires from churches, 
schools, halls, theaters, amphitheaters and all other places in which 
numbers of persons congregate from time to time for any purpose. 

(e) The Public Examiner. 

Sec 226. DUTY TO SUPERVISE ACCOUNTS OF PUBLIC IN- 
STITUTIONS.] It shall be the duty of the state examiner to assume 
and exercise constant supervision over the books and financial accounts 
of the several public, educational, charitable, penal and reformatory in- 
stitutions belonging to the state; to prescribe and enforce correct meth- 
ods of keeping financial accounts of the state institutions by himself or 
duly appointed deputy, and instruct the proper officer thereof in the 
due performance of his duty concerning the same; to examine the books 
and accounts of all public institutions under the control of the state, and 
of all private institutions with which the state has any dealing, -so far 
only as the same relates to such dealing, once in each six months. 

(f) State Board of Control. 
Note- In Laws 1913, eh. 55 (section 243 herein) amending the laws 

1911 ch. 62, section 8, full power to manage, control and govern the 
school for the deaf and dumb, subject only to the provisions of said act 
of 1911 is given to the board of control. The board of trustees for that 
institution is abolished and the powers of the board are vested in the 
Board of Control in section 244. By the passage of Senate Bill 134, 



STATE OF NORTH DAKOTA 33 



1919, the powers and duties of the Board of Control are turned over to 
the Board of Administration. 

Sec. 243. INSTITUTIONS UNDER CONTROL.] The board of con- 
trol shall have full power to manage, control and govern, subject only 
to the limitations contained in this article, the State Hospital for the 
Insane, the State Penitentiary, the North Dakota Blind Asylum, the 
School for the Deaf and Dumb, the School for the Feeble Minded, the 
State Reform School, the North Dakota State Tuberculosis Sanitarium, 
and such other charitable and reformatory and penal institutions as have 
been or may hereafter be created or established according to law. The 
board of control so appointed and qualified shall, within ten days after 
their appointment, establish an office in the state capitol at Bismarck, 
and shall thereafter have full access to all the state institutions men- 
tioned in this section, and to all books, accounts, vouchers, supplies and 
equipments of each of said institutions for the purpose of familiarizing 
themselves with the conditions, needs and requirements thereof; and, 
subject to the limitations in this article contained, the said board shall 
assume full control of said institutions on the first day of July, A. D. 
1913; provided, however, that this article shall not apply to the Soldiers' 
Home. * * * * 

(g) General Requirements and Duties (Reports). 

Sec. 95. REPORTS TO GOVERNOR AND LEGISLATIVE ASSEM- 
BLY.] All officers, departments, boards, commissions and state institu- 
tions which are now or hereafter may be by law required to make and 
transmit reports annually, semi-annually, to the governor and the legis- 
lative assembly of this state, shall deliver typewritten copies in triplicate 
of such reports to the governor not later than September first of the 
year in which such reports are required to be made, and such reports 
shall be made to include the 30th day of June next preceding. 

Sec. 633. DUTY OF THE HEADS OF STATE INSTITUTIONS AND 
STATE BOARDS TO MAKE REPORTS.] It shall be the duty of every 
head of all state institutions and state boards to set forth, in their an- 
nual or biennial report required by law, a list of all persons in the employ 
of the institution or board, which list shall give the name of each person 
drawing a salary at such institution, or from such board the amount of 
salary and other emoluments drawn, the fund or funds from which 
drawn, and the number of installments per annum in which such salary 
is drawn. 

Sec. 632. BEGINNING AND END OF FISCAL YEAR.] The fiscal 
year for the state shall commence the first day of July and end on the 
thirtieth day of June in each year, and all reports required annually or 
biennially by any state officer shall be made to and include the thirtieth 
day of June preceeding, and all accounts of said officers shall be closed 
and balanced to that date, except where otherwise specifically prescribed 
by law. 



34 GENERAL SCHOOL LAWS 



Sec. 657. CLAIMS AGAINST THE STATE. VERIFIED, HOW.] No 
bill, claim, account or demand against the state except in the case of 
salaries fixed by law, shall be audited, allowed, or paid, until a full item- 
ized statement in writing shall have been filed with the officer, or offi- 
cers whose duty it may be to audit the same, and where charges are 
made for money expended in the performance of official duties, all items 
of one dollar or more so expended and charged for, shall be covered by 
s^ sub-voucher or receipt, which sub-voucher or receipt shall be signed 
by the person to whom the money was paid, and such sub-voucher or 
receipt shall show at what place, on what date, and for what the money 
expended was paid. ■ Such sub-vouchers or receipts shall be forwarded 
with the bill, claim, account or demand against the state, which bill, 
claim, account or demand shall be further verified by the certificates of 
the party presenting it in substantially the following form: 

"CERTIFICATE. 

I do hereby certify that the within bill, claim account or demand, is 
just and true; that the money therein charged ^ds actually paid for the 
purpose therein stated; that the services therein charged were actually 
rendered and are of the value therein charged; that no part of such bill, 
claim, account or demand, has been paid; and that the goods therein 
charged were actually delivered and were of the value charged. 

Sign here: 



If signed for a firm or company, 
show authority on this line. 



Provided, that any officer, officers, or the State Auditing Board, be- 
fore any of whom any bill, claim, account or demand against the state 
shall come for audit and approval, may, if deemed necessary in his or 
their descretion, require to be furnished a statement mad^ under oath, 
containing such further information as seems necessary for the further 
verification of any bill, claim, account, or demand against the stat^ or 
any of its undertakings. 

Provided, that all blank voucher forms, for bills, claims, accounts or 
demands against the state or any of its undertakings, shall have printed 
thereon the following paragraph which prescribes the penalty for certify- 
ing to false or dishonest bills, claims, accounts or demands, against the 
state. 

Provided, that any person, firm, or company, falsely certifying, or 
certifying to any false bill, claim, account or demand, as hereinbefore 
set forth, shall upon conviction forfeit his right to collect such bill, 
claim, account, or demand, or any part thereof, and shall further be sub- 
ject to the penalty prescribed for one found guilty of committing a mis- 
demeanor. 

Sec. 1739. REQUIRED OF BOARDS.] The boards of trustees o£ the 
State University at Grand Forks, the Agricultural College at Fargo, the 



STATE OF NORTH DAKOTA 35 



State Normal Schools, the Normal and Industrial School at Ellendale, 
the Science School at Wahpeton, and the School of Forestry at Bottineau, 
shall prepare and submit to the state board of education on or before 
November 15 preceding each biennial session of the legislature, in 
duplicate form, a carefully itemized statement of the needs of the in- 
stitution under the direction of the above boards for the biennial period. 
Sec. 1740. CONTENTS OF STATEMENTS.] (a) The statements 
shall show estimated receipts from all sources, and the estimated ex- 
penditures for maintenance, not including expenditures for buildings and 
other permanencies for the biennial period. 

(b) The statements shall also show the appropriations necessary for 
buildings, other permanencies, such maintenance as is needed over and 
above estimated income, and the specific amounts asked for in the foi-m 
of appropriations for such purposes. 

(c) It is further provided that the legislature shall make no ap- 
propriations for purposes not presented in the general requests of the 
institutions at the time required in Section 1739. 

Sec. 1741. PUBLICATION.] Upon receipt of these statements from 
the boards enumerated in section 1739 of this act the governor shall im- 
mediately have the same printed in one pamphlet and distributed to 
members and members-elect of the legislature not later than December 
15th. 

Sec. 1742. LEGISLATION.] All persons, institutions and educational 
interests shall so far as possible submit to the state board of education 
on or before November 15th preceding the assembling of the legislative 
assembly any desired legislation affecting education or amendments to 
the existing school laws, which, together with any comments on the 
same that the board of education may care to make, shall be published, 
and copies thereof presented to the members of the legislature as here- 
inbefore provided in section 1741 of this act. 

EMERGENCY COMMISSION. 
Chap. 152, p. 194, 1915. 

Sec. 1. EMERGENCY COMMISSION.] An Emergency Commission 
consisting of the Governor, the Secretary of State, and the State Auditor 
is hereby established which shall exercise the powers and perform the 
duties hereinafter specified. The Governor shall be chairman of the 
board, and the Secretary of State the secretary. The Emergency Com- 
mission shall meet upon the call of the chairman thereof. The proceed- 
ings of the Emergency Commission shall be entered in a record book, or 
a minute book and no order of the Emergency Commission shall be valid 
unless so entered. 

Sec. 2. Whenever it shall be made to appear to the Emergency Com- 
mission by an itemized, verified petition of any board of control, board 
of regents, commission or officer authorized to expend public funds that 
an emergency exists, the Emergency Commission shall assume! that an 
emergency exists demanding such action and may order money trans- 



36 



GENERAL SCHOOL LAWS 



ferred from one fund to another fund belonging to or appropriated for 
the same institution or board or the same state enterprise, or in an ex- 
tremity to authorize money to be drawn from the state treasury to meet 
the emergency until such time as the legislative assembly can make ap- 
propriation available therefor. An endorsement by the Emergency Com- 
mission of the Itemized petition of a board of control, board of regents, 
commission or person heretofore mentioned shall be sufficient authority 
for the forming of any of the acts hereby delegated to th6 Emergency 
Commission; provided, however, the term emergency shall be limited to 
calamities or unforeseen happenings subsequent to the time of the mak- 
ing of appropriations to be effected by such transfer and which were 
clearly not within the contemplation of the legislative assembly and the 
Governor at the time of making such appropriation. And in no event 
shall it be within the authority of the Emergency Commission to increase 
the amounts to be expended for any specific purpose by more than ten 
per cent, and this shall only be done to meet a deficiency arising in an 
attempt to carry out the purpose of the appropriation. 

Sec. 3. It shall be the duty of the chairman of any board of control, 
board of regents, or other board or officer, authorized by the Emergency 
Commission to make extraordinary expenditures or use of funds trans- 
ferred or made available through an order of the Emergency Commis- 
sion, to make an itemized report to the Governor under oath, within two 
weeks after the close of each month during which any money shall have 
been expended or liability incurred pursuant to the order of the Emer- 
gency Commission showing the amount of money expended and for what 
purpose and showing what contracts have been made involving the ex- 
penditure of money in the future. The time covered by such report shall 
be the calendar month next preceding the date of said report. 

Sec, 4. It shall be unlawful for any board of control, board of regents, 
commissioners, directors or other officers having the control or manage- 
ment of any public institution or institutions of the state or any state 
activity or enterprise or having in any manner whatsoever the responsi- 
bility of disbursing or expending any money appropriated by the state, 
either directly or indirectly, or in any manner whatsoever to expend or 
agree or contract to expend in connection therewith any amount in ex- 
cess of the sum appropriated therefor, or to use an amount appropriated 
for any specific purpose or fund or for any other purpose without first 
having secured from the Emergency Commission an order duly made and 
entered, authorizing such use of such fund. 

Sec. 5. This Act shall not be construed as a legislative construction 
that any existing law gives to said Emergency Commission any broader 
or different powers than are herein declared. Provided, that all acts of 
the present and prior Emergency Commissions of this state authorizing 
the transference of money appropriated for one purpose to another pur- 
pose or from one fund to another fund are hereby validated and legalized. 

Sec. 6. Any officers mentioned in this Act who shall fail to make the 
report specified in Section 3 of this act or who shall in any report made 



STATE OF NORTH DAKOTA 37 

to the Governor willfully make a misrepresentation or misstatement of 
the facts regarding such expenditures or other facts embodied in the 
report shall be guilty of a misdemeanor. 

Sec. 1823 and Sec. 1824. Repealed. Chap. 152, p. 194, 1915. 

Sec. 1825. TRUSTEES NOT TO BE INTERESTED IN CONTRACTS.] 
No member of any board of trustees or managers, or any officer or 
employe of any state, educational, charitable oi' correctional institution 
now existing in this state or which may hereafter be established by law 
shall be interested, directly or indirectly, in any contract, purchase or 
sale for or on account of the institution with which he may be con- 
nected. 

Sec. 1826. PENALTY.] Any violation of the preceding section shall 
be sufficient cause for removal from office. 

Sec. 1827. INVENTORY REQUIRED.] The person in charge of any 
state institution in this state shall, on the first Monday in July of each 
even numbered year, make a complete inventory of all property contained 
in or use4 in connection with such state institution, and within thirty 
days thereafter, said person shall transmit said inventory, with his cer- 
tificate thereto attached as to the correctness of the same, to the gover- 
nor of this state. 

Sec. 1807. STATE INSTITUTIONS TO DESIGNATE AN ACCOUNT- 
ING OFFICER.] The managing board of each of the state institutions 
shall designate an accounting officer. They shall also designate either 
the accounting officer or some other officer of the institution to act as a 
purchasing agent, whose duty it shall be to purchase all goods and sup- . 
plies needed for the institution under such rules and regulations as the 
managing board shall prescribe. 

Sec. 1807a. DUTIES OF ACCOUNTING OFFICER.] The accounting 
officer of each institution shall keep or supervise the financial accounts 
of the institution and shall perform such other duties as shall be 
prescribed by law or the managing board of the institution. He shall 
receive all miscellaneous collections to the credit of the institution from 
the sales of public property, board of inmates, labor of inmates, or from 
any other source, and he shall in all cases issue a receipt therefor. He 
shall, on the last business day of each month, draw an order on the 
institution treasurer in favor of the state treasurer for the amount of 
all miscellaneous receipts collected during the month. He shall forwaii 
therewith a statement showing from what source received and to what 
account or accounts such collections shall be credited. 

Sec. 1808. INSTITUTION TREASURER. DUTIES OF.] The manag- 
ing board of each state institution shall also appoint an institution 
treasurer, which treasurer shall be either some trustworthy person re- 
siding in the city or village at which the institution is located or some 
solvent national or state bank in such city or village. Such treasurer 
shall give a bond in such sum as the managing board may require, to 
be approved by the board and to be subject to the approval of the 
governor. It shall be the duty of such treasurer to hold and safely 



38 GENERAL SCHOOL LAWS 



keep all public funds belonging to tbe institution which may come into 
his hands from any source and to pay out the same only on written 
orders signed by the accounting officer of the institution and counter- 
signed by a member of the managing board, who shall have been 
authorized by a vote of the board to sign such orders. 

Sec. 1809. CARE AND CUSTODY OF FUNDS BELONGING TO 
INMATES.] It shall be the duty of each superintendent of any state 
institution, when the care and custody of any funds belonging to inmates 
thereof is by law devolved upon him, to keep accurate accounts of such 
funds in books provided for that purpose, and to pay out such funds 
under such rules and regulations as may be prescribed by law or by the 
board of management, taking proper vouchers therefor in all cases; and 
every such superintendent shall give a bond in such sum as may be re- 
quired by law, or may be prescribed by the board of managers of such 
institution, to be subject to the approval of the state examiner, con- 
ditioned for the faithful performance of his duties and a due accounting 
for the funds intrusted to his care. 

Sec. 1810. FUNDS BELONGING TO INSTITUTIONS TO BE PAID 
TO SUPERINTENDENT.] Each officer and employe of the several in- 
stitutions shall pay over to the superintendent of the institution without 
delay any funds which may come into his hands belonging to any inmates 
of the institution and of which the superintendent is the legal custodian, 
and pay over to the accounting officer of the institution without delay 
any funds which may come into his hands belonging to the institution. 

Sec. 1811. DUTY OF ACCOUNTING OFFICER.] The accounting 
officer of each institution at the close of each month or oftener shall 
pay over to the institution treasurer all institution funds which may 
have come into his hands from sales of public property, board of in- 
mates, labor of inmates or from other sources and at the close of the 
fiscal quarter to draw an order on the institution treasurer in favor of 
the state treasurer for the amount of all such miscellaneous receipts, 
and at the same time to forward to the state auditor a statement of the 
amount of the same and the sources from which they have arisen. 

Sec. 1812. Repealed. 

Sec. 1813. Repealed. 

Sec. 1814. Repealed. 

Sec. 1815. DUTY OF STOREKEEPER.] It shall be the duty of the 
store keeper of each institution, or some person to be designated by the 
superintendent, to check off all goods and supplies, when received, by the 
invoices; to certify thereon the quantity and condition of the same, and 
to notify the superintendent or the accounting officer forthwith, in case 
such goods or supplies do not appear to be of the kind or the quantity 
purchased or bargained for. In case goods are received without an in- 
voice it shall be the duty of such store keeper or designated person to 
make a memorandum bill of such goods and verify thereon as herein 
required. 

Sec. 1738. POWER TO LEASE GRANTED.] The board of trustees 



STATE OF NOKTH DAKOTA 'SM 



or directors of the state university and school of mines, the state agricul- 
tural college, the state industrial school, the North Dakota academy of 
science, the state school of forestry and the various state normal schools 
and such other state institutions of learning of the state of North Dakota 
as may hereafter be established, shall have power to grant leases of 
land of portions of the campuses of said institutions to student and 
graduate student organizations for the purpose of erecting and main- 
taining thereon student clubhouses or dormitories; provided, that said 
organizations shall first have incorporated under the laws of the state 
of North Dakota and shall have submitted to the board of trustees or 
directors plans and specifications of the building proposed to be erected 
thereon; and, provided, further, that in relation to the conduct and be- 
havior of said organizations and their members in and about said 
premises and the use to be made of such buildings and premises said 
organizations and their members shall, in each instance, be subject to the 
management and control of the board of trustees or directors, and the 
faculty of the institution upon whose lands said lease is granted. Such 
premises and improvements thereon shall at all times remain under the 
absolute and exclusive control of the state, and the state or the board 
of trustees or directors of the institution upon whose lands such lease 
shall be granted may at any time revoke the same, and any such lease 
as may have been granted by any such board to any such organization 
for such purpose prior to the passage of this act is hereby legalized and 
must be considered as binding on the parties thereto, in so far as the 
same shall be in accordance with the provisions of this act and the con- 
stitution of this state. 



CHAPTER 2.— COUNTY ORGANIZATION 

ARTICLE 8. THE COUNTY SUPERINTENDENT OF SCHOOLS. 

Sec. 1121. ELECTION, TERM OF OFFICE.] There shall be elected 
in each organized county, at the same time other county officers are 
elected, a county superintendent of schools, whose term of office shall be 
two years, commencing on the first Monday in January following his 
election, and until his successor is elected and qualified. 

Sec. 1122. QUALIFICATIONS.] No person shall be deemed qualified 
for the office of county superintendent in any county, who is not a 
graduate of some reputable normal school or higher institution of learn- 
ing, or who does not hold at least a second grade professional certificate, 
and who has not had at least two years' successful experience in teach- 
ing, one year of which shall have been in this state. 

Sec. 1123. GENERAL DUTIES.] The county superintendent of 
schools shall have the general superintendence of the common schools in 
his county, except those in districts which employ a city superintendent 
of schools. 

Sec. 1124. VISITS.] He shall visit each common school at least once 
each year and carefully observe the conditions of the school, the mental 



40 GENERAL SCHOOL LAWS 



and moral instruction given, the methods of teaching employed by the 
teacher, the teacher's ability, and the progress of the pupils. He shall 
advise and direct the teachers in regard to the instruction, classification, 
government and discipline of the school and the course of study. He 
shall keep a record of such visits and by memoranda indicate his judg- 
ment of the teachers' ability to teach and govern, and the condition and 
progress of the school, which shall be open to inspection by any school 
director. 

Sec. 1125. BLANKS, TEACHERS' MEETINGS.] He shall carry into 
effect all instructions of the superintendent of public instruction given 
within his authority. He shall distribute to the proper officers and to 
teachers all blanks furnished him by such superintendent, and needed 
by such officers and teachers. Acting under the instructions of the 
superintendent of public instruction, he may convene the teachers of his 
county not to exceed one Saturday in each month during which the public 
schools are in progress, or if the distance is too great he may convene 
the teachers of two or more districts in each of the several portions of 
his county in county or district meetings, for professional instruction 
and for such other work as may be approved by the superintendent of 
public instruction. Each teacher* shall attend the full sessions of such 
meetings when required, and participate in the exercise thereof, or for- 
feit one day's wages for each day's absence therefrom, unless such ab- 
sence is occasioned by sickness of the teacher or others to whom his at- 
tention is due; but when, on account of distance or otherwise, it would 
impose a hardship upon any teacher to attend, or would cause such 
teacher to neglect his school, the county superintendent may excuse such 
teacher from attendance. 

Sec. 1126. MEETINGS WITH SCHOOL OFFICERS.] He may ar- 
range for meetings with school officers at designated times and places, 
due notice of which has been given, for the purpose of inspecting the 
district records and instructing in the manner of keeping the same, and 
of preparing the reports of district officers. He shall visit the officers 
of the several school districts as often as may be necessary to secure the 
correct keeping of the records. 

Sec. 1127. ANNUAL MEETING OF SCHOOL OFFICERS.] He shall 
convene the members and clerks of the school boards in his county, or 
siich representatives of the school officers of each district as the presi- 
dent or members of the school boards may appoint, in case he or they 
cannot attend personally, for the purpose of discussing plans and meth- 
ods for the improvement and general care of the schools; provided, 
further, such general meeting shall not occur more than once in each 
year. 

Sec. 1128. RECORD OF ACTS.] He shall keep a record of all his of- 
' ficial acts, and shall preserve all books, maps, charts, and apparatus sent 
him as a school officer, or belonging to his office. He shall file all re- 
ports and statements from teachers and school boards and shall turn 
them over to his successor in office. He shall be provided with a seal 
by which his official acts may be authenticated. 



STATE OF NOKTH DAKOTA 41 



Sec. 1129. PREPARE MAPS.] He shall, on or before the first day of 
April of each year, prepare and furnish to the several assessors of the 
county a correct sectional map of their respective districts, showing the 
boundaries and names or numbers of all school districts therein. 

Sec. 1130. FILE LISTS.] Immediately after the July meeting of the 
school boards, the county superintendent shall file with the county audi- 
tor and the county treasurer a list of the names of all persons chosen 
as presidents and clerks of the several school boards in his county. 

Sec. 1131. APPORTION STATE TUITION FUND.] He shall make 
apportionment of the state tuition fund among the school corporations 
of the county, as provided in this chapter. 

Sec. 1132. TO DECIDE CONTROVERSY.] He shall decide all mat- 
ters in controversy arising in his county in the administration of the 
school law or appealed to him from the decision of school officers or 
boards. An appeal may be taken from his decision to the superintendent 
of public instruction, in which case a full written statement of the facts, 
together with the testimony and his decision in the case shall be cer- 
tified to the superintendent of public instruction for his decision in the 
matter, which decision shall be final, subject to adjudication or the 
proper legal remedies in the courts. 

Sec. 1133. ADMINISTER OATHS.] He shall have power to administer 
the oath of office to all subordinate school officers, and to witnesses and 
to examine them under oath in all controversies pending before him 
arising in the administration of the school laws; but he shall not receive 
pay for administering such oath. 

Sec. 1134. REPORT DELINQUENT TEACHERS, WHEN.] He shall 
see to it that the pupils are instructed in the several branches of study 
required by law to be taught in the schools, as far as they are qualified 
to pursue them. If any teacher neglects or refuses to give instruction 
as required by law in physiology and hygiene and the nature and effect 
of alcoholic drinks and other narcotics, the county superintendent shall 
promptly notify the secretary of the state board of education. 

Sec. 1135. REPORT TO STATE SUPERINTENDENT.] He shall, 
on or before the fifteenth day of September in each year, make and trans- 
mit a report to the superintendent of public instruction, containing such 
statistics, items and statements relative to the schools of the county, as 
may be required by such superintendent. Such report shall be made upon 
and conform to the blanks furnished by the superintendent of public in- 
struction for that purpose. He shall not be paid his salary for the last 
month of his official year until he presents to the county commissioners 
the receipt of the superintendent of public instruction for such annual 
report. 

Sec. 1136. DEPUTIES. HOW APPOINTED. SALARY.] In counties 
having fifty or more teachers under the supervision of the covmty super- 
intendent, the county superintendent may appoint an office deputy, for 
whose acts as such he shall be responsible, which deputy shall be entitled 
to a salary equal to sixty per cent of the county superintendent's salary; 



42 GENERAL SCHOOL LAWS 



provided, further, that no office deputy shall receive more than one 
hundred dollars per month salary and not less than seventy-five dollars. 
Provided, in counties having one hundred and fifty or more teachers under 
the supervision of the county superintendent, the county superintendent 
shall be allowed a field deputy for each additional one hundred teachers 
under the supervision of such superintendent; such deputies shall be for 
the purpose of assisting the county superintendent in visiting schools 
and in the general supervision of the educational work of the county. 
They shall possess the qualifications of the county superintendent of 
schools and shall each receive a salary equal to eighty per cent of the 
county superintendent's salary. Approved March 7, 1919. 

Sec. 1137. SALARY AND EXPENSES.] The county superintendent 
of schools shall receive an annual salary equal to that paid to the register 
of deeds of his county, which "salary shall be paid monthly on the warrant 
of the county auditor on the county treasurer, and in addition thereto 
he shall receive fifteen cents per mile for the distance actually and neces- 
sarily traveled by him or his field deputy in the discharge of his duties 
within the county and ten cents per mile when in attendance at the 
meetings of the county superintendents when called by the state super- 
intendent of public instruction as provided by law. He shall at the end 
of every three months make and furnish to the county commissioners an 
itemized statement subscribed and sworn to of the distance so traveled 
in the discharge of his duties, which shall be audited and ordered paid by 
the board of county commissioners. Approved March 6, 1919. 

Sec. 1138. OFFICE POSTAGE AND STATIONERY.] He may pro- 
vide for himself a suitable office for the transaction of official business 
when not provided therewith by the county commissioners, and such com- 
missioners shall audit and pay his reasonable accounts for the use and 
furniture of such office. They shall also furnish him with all necessary 
books, stationery and postage. 

Sec. 1139. SHALL NOT ABSENT HIMSELF FROM COUNTY.] No 
county superintendent of schools shall engage in any profession or oc- 
cupation, nor shall he absent himself from the county or district for 
which he is elected, to engage in any occupation, profession or pursuit 
during the term for which he is elected for such time and in such manner 
as to interfere with the proper discharge of his duties as county super- 
intendent of schools. 

Sec. 814. QUALIFICATIONS OF JURORS.] * * * provided, that 
* * * county superintendents of schools, * * * shall not be 
compelled to serve as jurors in any of the courts of this state. 



STATE EX. REL. ROBERT BUTLER v. J. F. CALLAHAN. 

ENFORCEMENT OF RIGHT TO OFFICE BY MANDAMUS.] As a 
general rule, the writ of mandamus issues to admit in office a candidate 
holding a valid certificate of election, who has qualified by taking the 



STATE OF NORTH DAKOTA 43 



official oath, furnishing the prescribed official bond, and who has de- 
manded possession of the incumbent. 

HOLDING OVER— INTRUDER NOT A DE FACTO OFFICER.] Where 
a de facto officer is exercising official functions under color of right, the 
writ does not issue to dispossess him; but where an incumbent is holding 
over after the expiration of his term, and until a successor is elected and 
qualified, and has no other claim to the office, he is not such de facto 
officer, as against a candidate who holds the proper certificate of elec- 
tion, and has qualified for the office in manner and form as the law 
directs. Such incumbent is a mere intruder, as against such relator. 

TITLE TO OFFICE NOT TRIED BY MANDAMUS.] The prevailing 
rule of law is that the title to an office will not be tried by mandamus. 
Some states hold otherwise. 

STATUTORY METHOD OF TRYING TITLE TO OFFICE.] In this 
state the title to a county office may be tried either by the statutory 
mode of contest, as provided by Sections 1489 — 1501, Comp. Laws; or by 
a civil action in the nature of quo warranto, initiated by an official 
representative of the county, as provided by Section 5345 et seq., Comp. 
Laws. 

PRIMA FACIE TITLE ADMITTED— ULTIMATE TITLE NOT IN 
ISSUE ON MANDAMUS.] In mandamus against a county officer hold- 
ing over after the expiration of his term; brought by a relator having 
a certificate of election, and who has duly qualified for the office by tak- 
ing the oath and giving the required bond, the relator's prima facie title 
to the office cannot be defeated by an answer which admits the prima 
facie title, but contains averments of fact which involve the ultimate 
title of the relator to such office. Such an answer is demurrable if it 
contains only such facts as would, if established, defeat the relator's 
ultimate title, in a proper proceeding to try title. 

RIGHT OF POSSESSION— AND ULTIMATE TITLE DIS- 
TINGUISHED.] In this case it appears by the averments in the alter- 
native writ that the relator has such prima facie title to the' office of 
county superintendent of schools of Cass County, and has demanded pos- 
session of the defendant. Defendant's answer to the writ admits the 
facts constituting such prima facie title, and alleges, as new matter, 
that the relator, when his term commenced, and for %ome time prior 
thereto, did not have or hold the educational certificate prescribed by 
statute (Sec. 34, Ch. 62, Laws 1890), or its equivalent. The trial court 
sustained relator's demurrer to the answer. Held, that such ruling was 
proper. Held, further, that the new matter in the answer had reference 
only to the relator's ultimate title to the office, and such title cannot be 
litigated in this proceeding, which involves only the right of present pos- 
session. In such cases the relator cannot be driven out of court by the 
mere fact that the incumbent pleads facts in his answer which call for 
a determination of the relator's ultimate title to the office, and only that 
title. 4 N. D. 481-2. (Opinion filed Jan. 28th, 1895.) 



44 GENERAL SCHOOL LAWS 



THE COUNTY OF DICKEY v. W. E. HICKS. 

1. SCHOOLS — COUNTY SUPERINTENDENTS — SALARIES.] 
Schools in special districts are not under the official supervision of 
county superintendents, and are not to be taken into account in com- 
puting their salary, under section 652, Rev. Codes 1899, following Dickey 
County V. Denning. 14 N. D. 73 and 74. 

3. The county auditor of Dickey County, in good faith, but without 
authority of law, included in the defendant's monthly salary warrants 
the amounts which were due from the county to the clerks employed in 
his office. It was stipulated, and the trial court found, that defendant 
paid said clerks amounts in excess of those received from the county; 
that the sums paid were the reasonable value of their services; that their 
services were necessary; and that such payments were accepted by the 
clerks "as a complete discharge and satisfaction for the work done by 
each." Held, that a recovery by the county of the money thus paid to 
the defendant (its obligation to the clerks having been discharged) can- 
not be sustained. 14 N. D. 74. (Opinion filed February 4, 1905.) 

THE COUNTY OF DICKEY v. W. W. DENNING. 

SCHOOLS — COUNTY SUPERINTENDENTS — SALARIES.] Con- 
struing section 652, Rev. Codes 1899, which provides a graduated salary 
for county superintendents of schools corresponding to the number of 
schools or departments of graded schools under their official supervision 
in the preceding year, it is held that schools in special districts are not 
under their official supervision, and are not to be included in computing 
their salary. 14 N. D. 77. (Opinion filed February 4, 1905.) 

ZERLINA S. EAKIN v. L. C. CAMPBELL. 

APPEAL— TRIAL DE NOVO— STATEMENT OF CASE.] To secure 
a trial de novo in this court in actions tried to the court without a jury, 
under Sec. 5630, Rev. Codes 1899, it is necessary that the statement of 
case settled shall in fact contain all of the evidence offered and pro- 
ceedings had at the trial, as well as the specifications required by said 
section. It is accordingly held that the failure of appellant to incorporate 
in the statement certain exhibits, which were offered in evidence in the 
trial court, oy to have the same officially identified as constituting a 
part of such stateinent, precludes this court from trying the case anew. 

ELECTION CONTEST— EVIDENCE SUPPORTS FINDING.] This 
is an election contest. The trial court found that the plaintiff and con- 
testant had a majority of the votes cast upon thcj official precinct re- 
turn; further, that she also had a majority upon a count of the ballots 
of the only precinct in dispute. It is held that these findings support the 
judgment appealed from, which declares the plaintiff to have been elected 
and awards to her the office in dispute. 10 N. D. 416. (Opinion filed 
Oct. 16, 1901.) 



STATE OF NORTH DAKOTA 45, 



FRANCES MARIAN WAGAR v. HELEN PRINDEVILLE. 

1. VOTERS AND ELECTIONS— WORDS AND PHRASES— QUAL- 
IFIED ELECTORS.] Qualified electors, as defined by section 121 of the 
Constitution, are male persons only, possessing the other qualifications 
therein enumerated. 

2. VOTERS AND ELECTIONS — QUALIFIED ELECTORS — 
WOMEN.] Women entitled to vote for school officers under the pro- 
visions of section 128 of the Constitution constitute a class separate from 
electors, as above defined, and only possess a limited elective franchise. 

3. VOTERS AND ELECTIONS — REGISTRATION — WOMEN 
VOTERS.] The provisions of the registration law of this state contained 
in sections 732 and 746, both inclusive. Rev. Codes 1905, do not require 
women to register or furnish an affidavit, as required of electors who 
are not registered, to entitle them to vote for school officers. 21 N. D. 
245. (Opinion filed February 10, 1911.) 

STATE EX. REL. GEORGE C. WILES V. GOTTFRIED HEINRICH. 

APPROPRIATION FOR SCHOOLS— CLERK HIRE.] That portion 
of Sec. 652, Rev. Codes 1899, that provides that "in counties having sixty 
schools the board of county commissioners shall appropriate one hundred 
dollars for clerical assistance in the county superintendent's office and 
five dollars for each additional school to be paid monthly * * * con- 
strued. Held, that the appropriation required be made by said section 
is not for the personal benefit of superintendents, but is to create a 
fund to pay the county's obligation to such clerks a^ shall be lawfully 
employed in that office. Held, further, that said section does not make 
county superintendents custodians of such funds, or authorize them' to 
audit the accounts of clerks which are to be paid therefrom. Such ac- 
counts are to be audited and paid the same as other accounts, the amounts 
of which are to be fixed by law. 

RELATOR NOT ENTITLED TO SUE OUT WRIT.] The trial court 
found that the relator during his incumbency of the office of superinten- 
dent of schools had clerical assistance in his office; that the county made 
no appropriation therefor, and has not paid the clerks so employed, but 
that they were paid by the relator from his individual funds, and, as a 
conclusion of law therefrom, found that the relator was entitled to a 
peremptory writ of mandamus, requiring the county commissionars to 
appropriate and pay him the amounts due him for such clerk hire. Held 
that the conclusion is erroneous, for the reason that no clerk hire was 
due to the relator, but on the contrary, that, if any legal liability rested 
upon the county, it was to the clerks so employed; that such obligation 
still exists, and was not discharged by his unauthorized payments; fur- 
ther, that to permit a recovery by the relator would subject the county 
to a double liability. 

COSTS OF UNNECESSARY PRINTING ON APPEAL.] Appellants, 
although successful in this court, are not entitled to recover for printing 



46 GENERAL SCHOOL LAWS 



unnecessary and useless matter in their abstract. In this case their re- 
covery for printing is limited to the 20 pages which contain the record 
on the questions which are properly presented for review. 11 N. D. 31. 

ARTICLE 9. OTHER. COUNTY AGENCIES. 

(a) The Board of County Commissioners. 

Sec. 3293. BOARD TO PROVIDE OFFICES.] * * * jn any 
county where there is no court house or jail erected by the county, or 
where those erected have not sufficient capacity, it shall be the duty of 
the board (county commissioners) to provide * * * offices for 
the following named officers: * * * county superintendent of schools, 
to be furnished by such county in a suitable building at the low- 
est rent to be obtained at the county seat; or to secure and occupy 
suitable rooms at a free rent within the limits of the county seat or any 
of the additions thereto until such county builds a court house. 

(b) State's Attorney. 

Sec. 3376. DUTIES OF STATE'S ATTORNEY.] The state's attorney 
is the public prosecutor, and must: * * * 

6. Give, when required, and without fee, his opinion in writing to the 
county, district, township and school district officers, on matters relat- 
ing to the duties of their respective offices. * * * 

(c) The Auditor. 

Sec. 1149. PLATS OF SCHOOL DISTRICTS PREPARED BY 
COUNTY AUDITOR. RECORD.] The county auditor shall prepare a 
record or plat of his county showing the boundaries, name or number 
of school districts in said county which record shall remain on file in his 
office. Whenever the boundaries of a school district! are changed or a 
new school district organized the county auditor shall make a record of 
the same. 

(d) School Officials and Teachers Prohibited From Receiving Com- 
mission. 

Sec. 1529. MISDEMEANOR TO RECEIVE COMMISSION, FEE OR 
REWARD.] Every county superintendent of schools, deputy thereof, 
school district directors, clerk, treasurer, principal of a school or teacher 
therein who shall receive any commissions, fee or reward for or on ac- 
count of any school books, furniture or other supplies purchased during 
the incumbency of such official, principal or teacher for the use of the 
school district or school under the supervision of such official, principal 
or teacher, is guilty of a misdemeanor and upon conviction thereof shall 
be punished by a fine of not less than fifty dollars and not exceeding five 
hundred dollars and may be removed from his office. 

(e) Official Reports of County and Other Officers. 

Sec. 3542. PENALTY.] Any county, city, village, civil township, 
school township or school district officer, who is required by law to make 
an official report to any other county, city, village, civil township, school 
township or school district officer, board, tribunal or state officer, and 
who willfully neglects to make such report, or fails to perform such of- 



STATE OF NORTH DAKOTA 



fiicial duties, shall forfeit and pay to the state a penalty of not less than 
ten nor more than two hundred dollars, to be recovered from such de- 
linquent officer, or from him and the sureties upon his official bond, in 
a civil action to be brought by the state's attorney in any court of record 
having jurisdiction. 

Sec. 3543. EXAMINATION OF RECORDS. STATE'S ATTORNEY 
TO PROSECUTE,] At the end of the term of office of each county 
officer, or at any time it may seem advisable, it shall be the duty and 
authority of the board of county commissioners to examine the records 
of his office to ascertain if they have been properly kept, or to secure 
such examination by the state examiner or other competent accountants. 
Any failure or irregularity discovered must be remedied, or it shall be- 
come the duty of the state's attorney to prosecute an officer guilty there- 
of for neglect as provided in the last section. It shall also be the duty 
of the city council, board of aldermen, village -trustees, civil township 
supervisors, school township or school district board, as the case may be, 
to examine the records of their several officers in a like manner, or to 
employ a competent accountant to make such examination. Upon com- 
plaint of irregularity by the proper board the state's attorney shall pro- 
secute as provided in the last section. 

Sec. 3544. BLANKS TO BE FURNISHED.] It shall be the duty of 
the county, city, village, civil township, school township or school dis- 
trict officer to provide at the expense of the county, city, village, civil 
township, school township or school district such blanks and records as 
are necessary for making the proper record and the transaction of any 
official business connected with the office. 

Sec. , 3312. OFFICERS TO FILE ITEMIZED STATEMENT WITH 
COUNTY AUDITOR.] It shall be the duty of every officer in charge 
of any institution, office or undertaking supported wholly or in part by 
the county, to file with the county auditor, on or before March fifteenth 
of each year, on suitable blanks furnished by him, an itemized statement 
of the amounts of moneys which, in the opinion of such officer, will be 
required for the proper maintenance, extension or improvement of such 
institution, undertaking or office for the fiscal year next ensuing. 

CHAPTER 3.— DISTRICT ORGANIZATION 

ARTICLE 10.— COMMON SCHOOL DISTRICTS. 

(a) Territory, Boundaries, Names and Changes Thereof. 

Note: Readers will notic© that there are four forms of school districts 
provided for in our laws, each with its different form of board of edu- 
cation, namely: 

1. Common School Districts; 

2. Special Districts; 

3. Independent Districts; 

4. Districts in certain cities. 

Common school districts are administered by a board of three mem- 
bers; one is elected each year for a period of three years; the treasurer 



48 GENERAL SCHOOL LAWS 



is elected each even numbered year for a term of two years. The Board 
appoints as clerk a person who is not a member of the Board. 

In the special districts, the boards of education consist of five mem- 
bers, two of them to serve until the first annual election; two until the 
second annual election and one until the third annual election; thereafter 
their terms to be determined by law. 

Independent school districts are administered by a board consisting 
of one member from each ward of the city; when the city has an even 
number of wards, one member additional is elected at large and when' the 
city has an odd number of wa,rds, two members are elected at large. 

In districts in certain cities, the board of education consists of seven 
members, elected at large; two members of such board are. elected an- 
nually and three triennially. 

Sec. 1140. EACH SCHOOL DISTRICT A CORPORATION.] Each 
and every schooj' district in this state now legally organized or which 
shall be organized hereafter shall be and is hereby constituted a public 

corporation to be known and designated as 

school district No of County, State of 

North Dakota, with its proper name or number inserted in the blank 
space provided and with the name of the county insertec^ in the blank 
before the word county; and in its own proper name, or number, as such 
corporation it may sue and be sued, contract, and be contracted with and 
may acquire, purchase, hold and use personal and real property for 
school purposes or for the purposes mentioned in this act and may sell 
and dispose of the same. 

Sec. 1141. WHAT TERRITORY MAY BE ORGANIZED INTO DIS- 
TRICT SCHOOL CORPORATIONS.] The county commissioners of 
each county in the state shall organize into a school district any territory 
not, at the taking effect of this act, already organized into a school dis- 
trict upon being petitioned so to do by at least one-third of .the residents 
of such territory having the care and custody of any child of school age; 
provided, such territory shall consist of not less than one congressional 
township and shall have at least twelve thousand dollars in taxable 
property and at least ten children of school age residing therein. 

Sec. 1142. WHEN SCHOOL CORPORATIONS MAY BE DIVIDED 
AND ATTACHED TO OTHER DISTRICTS.] If a portion of any such 
school district having not more than ten children of school age residing 
therein is separated from the other portion of such district by any 
natural obstacle which practically prevents such children from attending 
school in such other portion, the county commissioners of the county may 
annex such portion so separated, to an adjoining school district, and the 
portion so annexed shall constitute a part of such adjacent school dis- 
trict. If such adjacent district lies in another county, the county com- 
missioners of the two counties may jointly make such annexation; pro- 
vided, that whenever portions of a school district lie in different civil 
townships there may be created therefrom two or more distinct school 
districts, when in the judgment of such commissioners and the county 



STATE OF NORTH DAKOTA 40 



superintendent, such change can be made without detriment to the 
school or to the pupils therein, and the division can be made by following 
the boundary line or lines of congressional townships, or the meander 
lines of the government survey. 

Sec. 1143. ANNEXATION OF SCHOOL DISTRICTS.] If a town or 
village not organized into a special district is divided by a civil township 
line or if such town or village is divided by any county line, the county 
commissioners of such county, or the county commissioners of such ad- 
jacent counties acting in joint session, as the case may be, may, when 
.petitioned so to do by a majority of the voters of each part of said town 
or village, annex one part of such town or village to the adjacent school 
district which includes the other part of such town or village and the 
part so annexed shall constitute a portion of such adjacent district. 

Sec. 1144. WHEN CIVIL TOWNSHIPS MAY CONSOLIDATE INTO 
SCHOOL DISTRICTS.] In any county in this state, if a civil township, 
having less than fifteen persons of school age residing therein, by reason 
of the irregular course of natural boundary, contains less than twelve 
square miles of territory, it shall constitute a portion of the adjacent 
school district with which it has the longest common boundary line. 

Sec. 1145. DISTRICTS NAMED.] Each school district constituted or 
formed under the provisions of this article, shall be designated a school 
district as distinguished from a civil township or congressional town- 
ship, and shall be named as follows: Each school district which consists 

of a civil township shall be named " School District 

of County,, State of North Dakota," with the 

name of the civil township inserted in the blank before the word "school" 
and the name of the county in which it is situated inserted before the 
word "county." Each school district which consists of territory not or- 
ganized into a civil township, but which has already a distinctive name, 
may by a majority vote at any annual school election, after such terri- 
tory has been organized into a civil township, change such distinctive 
name to conform to the name given the civil township. Each school dis- 
trict consisting of territory not organized into a civil township which 

has no distinctive name shall be named "School District No 

of County, State of North Dakota," which is organized 

for school purposes under the district system at the taking effect of this 
act, the several school districts shall retain and be known by the number 
which they have respectively at the time of the taking effect of this 
act and any school district hereafter formed in any such county shall be 
known by the number next higher than that of the highest pre-existing 
numbered district. Chapt. 134, p. 171, 1915. 

Sec. 1. CHANGING NAMES OF DISTRICTS.] The district school 
board of any school district in this state being petitioned so to do 
by a majority of the school voters residing in the district shall submit 
to the qualified voters at the next school election any proposed change in 
the name of such school district. Upon ratification of the proposed 
change in the name of the school district by a majority of the ballots 



50 GENERAL SCHOOL LAWS 



cast on the question, such school district shall be named accordingly. It 
shall be the duty of the clerk of the school board of such school district 
to notify the county auditor, the county superintendent and the state 
superintendent of public instruction of any change in the name of lis 
school district. Chapt. 211, p. 297, 1915. 

Sec. 1146. BOUNDARIES, HOW CHANGED.] The Board of Couny 
Commissioners and County Superintendent of Schools upon being pel i- 
tioned so to do by a majority of the school voters residing in the distrit ts 
whose boundaries will be affected, shall submit to the qualified voters at 
the next annual school election any proposal to change the boundaries of 
any school district or to consolidate two or more districts already or- 
ganized. Upon ratification of the proposed change of boundaries the 
County Commissioners shall arrange the boundaries as directed. Chapt. 
213, p. 302, 1917. 

Sec. 1147. NEW COMMON SCHOOL DISTRICTS. HOW ORGAN- 
IZED.] The Board of County Commissioners and County Superintendent 
may organize a new school district from another district or from the 
portions of districts already organized, if in their judgment the organiza- 
tion of a new district is desirable and necessary, upon being petitioned 
so to do by at least two-thirds of the school voters residing in the pro- 
posed district. When two or more adjoining counties are affected, such 
proposed new district shall be organized by the concurrent action of the 
boards of county commissioners and county superintendents of such 
counties. Action on such organization shall be taken only at the July 
meeting of the county commissioners. Provided, that all assets and 
liabilities shall be equalized according to Section 1327 of the Compiled 
Laws of North Dakota for the year 1913. Approved March 7, 1919. 

Sec. 1148. PUBLIC NOTICE GIVEN.] Whenever the board of county 
commissioners and county superintendent of schools shall be petitioned 
to organize a new school district or to change the boundaries of districts 
already organized, the county superintendent shall give public notice, for 
at least thirty days, to the residents of the districts whose boundaries 
will be affected by the organization of the new district, by mailing a 
notice to that effect to each school officer of such districts, and by pub- 
lishing the same in the official newspaper of the county published nearest 
that district. 

Sec. 1149. PLATS OF SCHOOL DISTRICTS PREPARED BY 
COUNTY AUDITOR. RECORD.] The county auditor shall prepare a 
record or plat of his county showing the boundaries, name or number of 
school districts in said county which record shall remain on file in his 
office. Whenever the boundaries of a school district are changed or a 
new school district organized the county auditor shall make a record of 
the same. 

Sec. 1150. LEGALIZING IRREGULARITIES.] All school districts, 
whether duly and legally organized under the provisions of statute, or 
not, which for one year or more last past had a de facto organization, 
and also all school districts, whether duly and legally organized under 



STATE OF NORTH DAKOTA 51 



the provisions of statute or not, which have heretofore attached or at- 
tempted to attach territory out side of the limits thereof and adjacent to 
such district, and now included in the territory comprising or exercising 
the powers of such school district, are hereby declared to be legally or- 
ganized and are authorized to exercise all the functions of school districts 
which have been duly and legally organized as provided by statute, with 
the boundaries which they may have at the time of going into effect of 
this' article, and all contracts and obligations of said districts and the 
acts of the officials thereof are hereby ratified and confirmed so far as 
to give them the same validity which they would have had if such dis- 
tricts had been legally organized. 

(b) Election of Officers in Common School Districts. 

Sec. 1151. OFFICERS TO BE ELECTED.] On the first Tuesday in 
June of each year there shall be elected one school director for the term 
of three years and on the first Tuesday in June of each even numbered 
year a school treasurer for the term of two years. Such officers shall 
hold their respective offices from the second Tuesday in July following 
their election for the number of years respectively for which they were 
elected, and until their successors are elected and qualified. At the first 
election for the organization of a new school district there shall be 
elected at large for such school district three directors, one to serve until 
the first annual election, one to serve until the second annual election 
thereafter and one to serve until the third annual election thereafter, and 
a school treasurer to serve until the annual election in the next even 
numbered year and until his successor is elected and qualified. 

Sec. 1152. POLLING PLACES, HOW ESTABLISHED. APPOINT- 
MENT OF ELECTION OFFICERS.] The county superintendent in each 
county shall, at least twenty-one days prior to the first election in the 
new district, fix and designate some polling place in each school district 
so located as to be convenient for the voters of such district, and shall 
appoint two persons to act as judges and two to act as clerks of the 
election of such school officers; such judges and clerks shall be qualified 
voters in their respective districts. The county superintendent shall 
notify in writing such judges and clerks of their appointment, and of 
the place fixed and designated as the polling place in their respective 
districts and shall furnish them with the necessary blanks and poll books 
for such election. He shall also furnish one of such clerks with three 
notices of such election specifying the time and place at which such 
election is to be held. The officers to be elected and term of each which 
notices such clerk shall post in three of the^ most public places in the 
district at least fourteen days prior to such election. The county super- 
intendent shall fix the date and perform such other duties as devolve 
upon him by the provisions of this section for the first election in any 
school district hereafter formed under the provisions of this chapter, and 
such election shall be called by the county superintendent within thirty 
days after the formation of such school district. 

Sec^ 1153. WHO QUALIFIED TO VOTE OR TO HOLD OFFICE.] 
At any election of school officers in any school district in this state all 



52 GENERAL SCHOOL IjAWS 



persons who are q-ualified electors under the general laws of the state 
and all women twenty-one years of age having the necessary qualifica- 
tions as to citizenship and residence required of male voters by law, 
shall be qualified voters and shall be eligible to the office of county super- 
intendent of schools, school director, district treasurer, school district 
clerk, or member of the board of education, or may be judge or clerk of 
such election; provided, however, that the county superintendent shall 
possess the educational qualifications named in section 1122. 

Sec. 1154. HOURS POLLS OPEN.] At all elections for school district 
officers the polls shall be opened at 2 o'clock p. m. and closed at 5 o'clock 
p. m. 

Sec. 1155. NOTICE OF ANNUAL ELECTION.] At least fourteen 
days before the first Tuesday in June of each year the district school 
board of each school district shall designate one polling place as con- 
venient as possible to the voters of such district at which such annual 
election shall be held, and shall cause notice of such election to be posted 
in at least three of the most public and conspicuous places within the dis- 
trict. Such notices shall be signed by the clerk or in his absence by the 
president of the district school board, and shall state the time and place 
of holding such election, and the officers to be elected and their terms 
of office, and shall be substantially in the following form: 

Notice is hereby given that on Tuesday, the day of June, A. 

D. 19 .... , an election will be held at (here in- 
sert polling place) for the purpose of electing 

(here insert officers to be elected and term each is to serve) for School 

District No or for (here insert name of school 

district). The polls will be opened at 2 o'clock p. m. and closed at 5 
o'clock p. m. of that day. j 

By order of School Board, 

Signed 

Sec. 1156. JUDGE'S OATH.] At such annual election any two of 
the directors of the school district may act as judges and the clerk of 
the district school board and one other person to be chosen by the 
voters present at the opening of the polls, shall act as clerks. The voters 
present at the opening of the polls shall choose a person to fill ^ny 
vacancy caused by the absence of either of such officers to act as 
judge or clerk of such election. Before opening the polls each of the 
judges and clerks of election shall take and subscribe the following oath 
or affirmation: "I do solemnly swear (or affirm) that I will perforin 
my duties as judge or clerk (as the case may be) according to law anl^ 
the best of my ability." Such oath or affirmation may be administered 
by any officer authorized to administer oaths or by either of the judges 
or clerks. Any school officer elected and qualified under the provisions 
of this chapter is authorized and empowered to administer any oath or 
affirmation pertaining in any manner to school offices. 

Sec. 1157. ELECTION, HOW CONDUCTED, CANVASS OF VOTES,] 



STATE OF NORTH DAKOTA 58 



Such election shall be conducted and the votes canvassed as provided by 
law for general elections, except as otherwise provided in this chapter. 
Immediately after the polls are closed the judges shall proceed to count 
and canvass the votes for each person voted for at such election for any 
office, and the person receiving the highest number of votes for the 
office of directors shall be declared elected. If the election results in a 
tie the district clerk shall immediately notify in writing the parties hav- 
ing received such tie votes, and a time shall be agreed upon by the 
parties, within three days after the election, at which the election shall 
be decided in the manner that may be agreed upon by the parties in the 
presence of the judges and clerks of election, and record of the pro- 
ceedings shall be made in the records of the district clerk. • 

Sec. 1158. CERTIFICATE OF ELECTION.] The clerk of the school 
district shall within five days after such election furnish each person 
elected to any district office, a written notice of his election and of his 
duty to take the oath of office as such officer on or before the second 
Tuesday in July following such election. He shall also forward to the 
county superintendent within ten days after such election, a certified 
list of all the officers elected thereat. 

Sec. 1159. OATH OF OFFICE.] Each person elected to the office of 
school director or district treasurer shall before entering upon the duties 
of his office take and subscribe the oath prescribed in section 211 of the 
Constitution, which oath shall be filed with the clerk of the school district 
board. 

(c) Organization Meetings and Duties of Common School Officers. 

Sec. 1160.. ORGANIZATION, CLERK.] The school board shall meet 
annually on the second Tuesday in July and organize by choosing one 
of the members president, and a competent person, not a member of 
the board, clerk, who shall hold office during the pleasure of the board. 

Sec. 1161. QUORUM OF BOARD.] The three school directors in 
each school district shall constitute the district school board. A majority 
of the board shall constitute a quorum and the agreement of a majority 
shall be necessary to the validity of any contract entered into by the 
board. 

Sec. 1162. MEETINGS OF BOARD. FEES.] The board shall, on the 
second Tuesday in January, April, July and October of each year, hold 
regular meetings for the transaction of business at such hour and place 
as may be fixed by the board. A special meeting may be held upon the 
call of the president or the other two members. Written notice of the 
time and place of any special meeting shall be given to each member 
of the board at least forty-eight hours before the time of such meeting. 
Each member of the board shall be paid the sum of eight dollars per 
annum, less two dollars for each regular meeting which he fails to at- 
tend; provided, that in any common school district which contains a 
graded school of three or more departments the board shall hold regular 
meetings for the transaction of business on the second Tuesday of each 
month at such time and place as may be fixed by the board, and in such 



54 GENERAL SCHOOL LAWS 



districts the members of the board shall receive a compensation of one 
dollar for each meeting attended; provided, further, the members and 
clerks receive ten cents a mile for the distance necessarily traveled in 
attending general meetings of school officers convened by the county 
superintendent and also a salary of two dollars, but the total sum of such 
salary and mileage shall not exceed seven dollars for each officer at any 
one meeting. 

Sec. 1163. DUTIES OF THE PRESIDENT.] The president shall 
preside at all meetings of the board, and shall perform such duties as 
usually pertain to such office, and in accordance with the customary 
rules of order. In his absence a president pro tempore shall preside. 
The president shall perform such other duties as are prescribed in this 
chapter. 

Sec. 1164. DUTIES OF CLERK. COMPENSATION.] The clerk of 
the board shall keep an accurate record of all proceedings of the board, 
give or post all notices, make out all reports and statements and perform 
all other duties required by law or by the board. He shall receive such 
compensation as shall be fixed by the board, not less than ten dollars for 
one school and five dollars for each additional school in his district; pro- 
vided, that such salary shall not exceed fifty dollars in any one year; 
provided, further, that the clerk shall receive such additional compensa- 
tion for taking the annual school census as the board may allow. 

Sec. 1165. TREASURER'S BOND. HOW APPROVED. VACANCY. 
HOW FILLED.] The school treasurer shall on or before the second 
Tuesday in July following his election and before entering upon his 
duties, give a bond to the school district conditioned for the honest and 
faithful discharge of his duties and that he will render a true account 
of all funds and- property that shall come into his hands and pay and 
deliver the same according to law. Such bonds shall be in such sum as 
may be fixed by the board but not less than double the sum to come into 
his hands in any one year as nearly as may be ascertained, which bond 
shall be signed by two or more sufficient sureties, to be approved by the 
school board. In case the school board neglects or refuses to approve; 
the bond of such treasurer and the sureties thereon, such treasurer may 
present the same to the county superintendent and serve notice thereof 
upon the board and due ptoof of such notice being made to the county 
superintendent, he shall, unless good cause for his delay appears, proceed 
to hear and determine the sufficiency of the bond and the sureties there- 
on, and may approve or disapprove the same as the facts warrant. In 
case of a failure to elect a successor to any school treasurer at the ex- 
piration of his term of office, the said treasurer holds over and he shall 
be required to give a new bond, within ten days after notice by the board. 
In case of a failure so to do, a vacancy shall be deemed to exist in said 
office and shall be filled as provided by law. In case a vacancy occurs 
in the office of the school treasurer, it shall be the duty of the county 
treasurer of the county wherein such school district is located, upon be- 
ing notified by the county superintendent or clerk of such school district 



STATE OF NORTH DAKOTA 55 



that such vacancy exists, to perform the duties of treasurer of such 
school district until the vacancy is duly filled. 

Sec. 1166. WHEN ADDITIONAL BONDS REQUIRED.] Whenever 
the amount in the hands of the treasurer or subject to his order exceeds 
two-thirds of the penal sum of his bond or when in the judgment of the 
board or of the county superintendent the security on such bond is im- 
paired, the board or county superintendent shall require an additional 
bond. If the treasurer fails for twenty days to give such additional bond, 
the office shall be declared vacant and the vacancy shall be filled as pro- 
vided by this chapter. 

Sec. 1167. SURETY BONDS. PREMIUMS. HOW PAID.] Every 
person hereafter elected to the office of district treasurer within the state 
of North Dakota, be, and is, hereby required to give an official bond in 
a penal sum to be fixed by the board of directors, which bond shall not 
be in a less penal sum than double the amount of money likely to come 
into his hands in any one year, and such board may by resolution require 
that such bond shall be executed by some responsible fidelity or surety 
company authorized and qualified to do business in the state of North 
Dakota, and subject to approval as provided by law; provided, further, 
if a surety bond is given it shall be for a sum fixed by the board of direc- 
tors. The amount of premiums for such surety or fidelity bond shall 
be audited by the board of directors and paid out of the general fund of 
the district. 

STATE BONDING FUND 
Chapt. 158, p. 238, 1919 

Sec. 2. On or before the time any such public employee shall take 
office and assume his duties, the state auditor, county auditor, city 
auditor, village clerk, town clerk or school clerk, as the case may be, 
shall report to the commissioner, [state commissioner of insurance,] the 
fact of the election or appointment and the amount of the bond re- 
quired of such public employee and shall therewith remit by check, 
draft or express or postal money order the premium herein required. 

Sec. 3. Such report shall be made in such form and manner as the 
commissioner shall prescribe. Unless such report with payment of the 
premium shall be made within ten days after the service of such public 
employee has begun, the officer or officers whose duty it shall be to 
tuake such report and payment shall, during the term of such default 
on his or their part, by force of this act, be liable as sureties on the 
bond of such public employee, with the same effect and to the same 
extent as if said bond had been duly signed, approved and filed as 
otherwise provided by law. In addition thereto any officer guilty of 
such default shall be liable to punishment for a misdemeanor. No 
compensation shall be paid to any public employee unless such report 
and payment shall have been made to the Commissioner or a bond shall 
have been filed in lieu thereof as provided in this Act. 

Sec. 4. The premiums for such insurance shall be twenty-five cents 
per year per hundred dollars of the amount of the required bond. Such 



5« GENERAL SCHOOL LAWS 



premium shall be paid in advance by the proper authorities of the State 
or any of its subdivisions from its respective treasurers to the state 
treasury, who shall keep the same in a fund to be known as a "state 
bonding fund," and who shall issue quadruple receipts therefor, one to 
be filed in his office, and one each, to the official making such pay- 
ment, the commissioner and the state auditor. The minimum premium 
for each public employee shall be $2.50 per year. Unless the term of 
office or employment shall be for a shorter period, payments shall be 
made for one year or for such longer terms as the commissioner may 
prescribe. 

Sec. 14. Any person elected or appointed to office may furnish in 
lieu of such insurance provided for in this Act, a bond by personal sure- 
ties or by a surety company, but no officer or board of the state or of 
any county, city, town, village, school district or township shall have 
the right to pay for any such bond or bonds out of any public funds, 
except for such bonds as are procured to replace insurance cancelled 
by the Commissioner or to cover the excess over the amount carried in 
the State Bonding Fund. Approved March 5, 1919. 

Sec. 1168. SCHOOL FUNDS. HOW PAID OUT.] The school treas- 
urer shall keep such account and make such reports as are required of 
him by law. He shall pay no money out of the funds in his hands except 
upon the warrant of the school board, signed by the president and 
countersigned by the clerk. He shall pay all warrants properly drawn 
and signed when presented, if there is any money in his hands or sub- 
ject to his order for their payment. 

Sec. 1169. WARRANTS TO BE ENDORSED WHEN NO FUNDS -TO 
PAY.] When a school district warrant is presented to the district treas- 
urer for payment and there is no money in his hands or subject to his 
order belonging to the proper fund for the payment of such warrants, 

he shall indorse on such warrant, "presented for payment this 

day of 19 ... , and not paid for want of funds," and 

shall sign such indorsement. If he has in his hands or subject to his 
order money for the part payment of such warrant he shall make such 
part payment and indorse the sum on the warrant and add "balance not 
paid for want of funds," signing the same. He shall keep a correct 
register of all warrants so presented and indorsed. Each warrant thus 
presented and indorsed shall draw interest on the amount unpaid at a 
rate not to exceed seven per cent per annum from the date of such 
presentation and indorsement until paid; provided, that when there shall 
come into the hands of the treasurer or subject to his order, money ap- 
plicable to the payment of any warrant which has been so presented 
and registered, he shall notify in writing by mail, the drawee of such 
warrant at his last known place of residence, to present such warrant for 
payment, and interest shall cease upon every warrant ten days after such 
notice shall have been sent, and such money shall be held for the pay- 
ment of such warrant. 

Sec. 1170. WARRANTS, WHAT TO SPECIFY.] Each warrant 



STATE OF NORTH DAKOTA 57 



drawn by the clerk or the board on the district treasurer must specify 
the purpose for which it is drawn, the fund on which it is drawn and the 
person to whom payable; and no warrant shall be issued except for in- 
debtedness incurred prior to its issue. 

Sec. 1171. OATHS AND BONDS. WHERE TO BE FILED.] All of- 
ficial oaths and bonds of school district officers shall be filed with the 
district clerk, who shall) immediately certify to the county superintendent 
the fact of such oaths and bonds being filed. Said clerk shall file school 
treasurer's bond with the county auditor after such bond has been ap- 
proved by the district school board, as provided in this chapter. In case 
of the breach of any of the conditions of the treasurer's bond, the board, 
through its president, and in case of his refusal so to do, the county 
superintendent, shall cause an action to be commenced and prosecuted 
thereon in the corporate name of the district, and any money collected 
for the district shall be paid to the district treasurer and any money col- 
lected for fines shall be paid into the county treasury and be credited to 
the general school fund of the state. If the board and county superinten- 
dent both fail or refuse to bring such action, any taxpayer in the district 
may commence and prosecute such action, and the necessary expense 
thereof shall be paid out of the district treasury unless otherwise ordered 
by the court. 

Sec. 1172. SALARY OF SCHOOL TREASURER.] The school treas- 
urer shall be paid for his services such sum as shall be fixed by the board 
not less than five nor more than twenty-five dollars per annum. 

(d) Powers and Duties of Common School Boards. 

Sec. 1173. GENERAL POWERS.] The district school board shall 
have the general charge, direction and management of the schools of the 
district, and the care, custody and control of all the property belonging 
to it, subject to the provisions of this chapter; provided, that in the 
employment of teachers, no person related by blood or marriage to any 
member of the district board shall be hired without the unanimous con- 
sent of the board. 

Sec. 1174. POWER TO ESTABLISH SCHOOLS.] It shall organize, 
maintain and conveniently locate schools for the education of children, of 
school age within the district, and change or discontinue any of them as 
provided by law. 

Sec, 1175. REPAIRS, FUEL AND SUPPLIES.] It shall make all 
necessary repairs to school houses, outbuildings and appurtenances, and 
shall furnish fuel and all necessary supplies for the schools and provide 
for janitor service. 

Sec, 1176, FURNITURE, MAPS, REGISTER, SCHOOL LIBRARY.] 
The district school board shall, with the approval of the county super- 
intendent of schools, furnish to each school all necessary and suitable 
furniture, maps, charts, globes, blackboards, and other school apparatus, 
including any dictionary which is recognized as a standard authority. 
The school register and all school blanks used shall be those furnished by 
the state department of public instruction. It shall appropriate and ex- 



58 GENERAL SCHOOL LAWS 



pend each year not less than ten dollars ($10.00), or more than twenty- 
five dollars ($25.00), for each school of the district for the purpose of 
school library, to he selected by the school board and the teacher, frona 
any list of books authorized by the superintendent of public instruction, 
and furnished by him to the county superintendent for that purpose; 
provided, that all books purchased for the library shall be bound in 
cloth or some material equally as durable; provided, further, that when 
a school board of a common school has purchased and has in. their 
library two hundred books as afore provided, that the school board 
having such school under their supervision shall be obliged to expend 
not less than five dollars ($5.00), annually, until such library shall 
contain, in good condition, three hundred volumes, after which said school 
board shall not be obliged to purchase so as to increase the number, 
but shall keep the books in good condition, and replace annually as 
> many books as may become lost or destroyed. Chapt. 132, p. 170, 1915. 

Sec. 1177. CARE OF LIBRARY. LIBRARIAN.] It shall have the 
care and custody of thfe library and may appoint as librarian any suitable 
person, including one of their number, but whenever practicable, the 
library shall be kept in the school house and always so when school is 
in session. It shall make rules to govern the circulation and care of the 
books while in the hands of the pupils or other persons, subject to the 
general rules as may be prescribed by the state superintendent of public 
instruction, and may impose and collect penalties for injuries done to 
any book by the act, negligence or permission of the person who takes 
the same or while in his possession, but no book shall be loaned to any 
person not a resident of the district. It may at any time temporarily 
exchange any part or all of its library with any other district or persons, 
so far as different books may be obtained, but each district shall recall 
its books before the close of the school term. It may at any time accept 
donations of books for the library, but it shall exclude therefrom all 
books unsuited to the cultivation of good character and good morals and 
manners, and no sectarian publications, devoted to the discussion of 
sectarian differences and creeds shall be admitted to the library. It shall 
be held accountable for the proper care and preservation of the library, 
and shall report annually to the county superintendent all library statis- 
tics which may be required by the blanks furnished for that purpose by 
the superintendent of public instruction. 

Sec. 1178. TEACHERS. HOW EMPLOYED. SALARIES.] It shall , 
employ the teachers of the school district and may dismiss a teacher at 
any time for plain violation of contract, gross immorality, or flagrant 
neglect of duty. No person shall be permitted to teach in any public • 
school who is not the holder of a teacher's certificate or a permit to teach, 
valid in the county or district in which such school is situated, and every 
contract for the employment of a teacher must be in writing and such con- 
tract must be executed before such teacher begins to teach in such school; 
provided, that no teacher holding a valid certificate shall receive less 
than forty-five dollars per month. Nothing in this section shall be con- 



STATE OF NORTH DAKOTA 59 



strued to mean that teachers holding the same grade certificate must 
necessarily receive the same salary. 

Sec. 1179. PUPILS FROM OTHER DISTRICTS.] It shall have the 
power to admit to the schools in the district, pupils from other districts, 
when it can be done without injuring or overcrowding such schools, and 
shall make regulations for their admission and the payment of their 
tuition. It shall have the power to arrange with the board of another 
district for sending to such district such pupils as can conveniently be 
taught therein, for paying their tuition, and for arranging and paying 
for their transportation to and from the school in such district; and 
when petitioned by a majority of the voters of a district it shall be the 
duty of the board of any district to arrange for sending to such district 
such pupils as can conveniently be taught therein, for paying their 
tuition and for arranging and paying for their transportation to and 
from the school in such district. It shall have the power to admit to the 
schools in the district, pupils residing in unorganized territory adjacent 
to the district, and to arrange with the parents or guardian of such 
pupils for paying their tuition; but in no instance shall a board refuse 
privileges to or collect tuition from pupils residing in such adjacent un- 
organized territory, if the parents of such pupils are property holders 
in the district and pay taxes. It shall also have the power to make 
proper and needful rules for the assignment and distribution of pupils 
to and among the schools in the district, and their transfer from one 
school to another. 

Sec. 1180. RULES. SUSPENSION OF PUPILS.] It shall assist 
and co-operate with teachers in the government and discipline of the 
schools and may make proper rules and regulations therefor. It may 
suspend or expel from school any pupil who is insubordinate or habitually 
disobedient, but such suspension shall not be for a longer period than 
ten days nor such expulsion beyond the end of the current term of school. 
Sec. 1181. BRANCHES OF STUDY.] Subject to the approval of the 
county superintendent, it shall have the power to determine what 
branches, if any, in addition to those required by law shall be taught in 
any school of the district. 

Sec. 1182. TAX LEVY. NOTICE TO COUNTY AUDITOR.] It shall 
have power to levy upon the property in the district a tax for school pur- 
poses of not exceeding thirty mills on the dollar in any year; provided, 
however, that in districts having a high school an additional tax of ten 
mills on the dollar may be levied if a majority of the school voters of 
such district annually authorize such levy at the annual school election; 
notice that the question of levying such additional tax will be voted on 
at the election shall be given by posting the same in three of the most 
public places in the district, at least fourteen days prior to said election. 
The levy of such additional tax, if authorized by the voters as aforesaid, 
shall be made by a resolution of the board prior to the twentieth day of 
July. Chapt. 143, p. 181, 1915. 

Sec. 1183. WHEN SCHOOL HOUSES CAN BE USED FOR OTHER 



60 GENERAL SCHOOL LAWS 



PURPOSES.] It may permit a school house, when not occupied for 
school purposes to be used under careful restrictions for any proper 
purpose, giving equal rights and privileges to all religious denominations 
or political parties, but for any such use or privilege it shall not be at 
any cost for fuel or otherwise to the district. Nor shall any furniture 
which is fastened to the floor be removed, and whoever removes any 
school furniture for any other purpose than repairing the same or for 
repairing the school room, shall be guilty of a misdemeanor and shall 
be fined not less than five nor more than ten dollars for eacly offense. 
All fines imposed and collected under the provisions of this section shall 
be paid into the general school fund of the state. 

Sec. 1184. SCHOOL HOUSES AND SITES, HOW DETERMINED.] 
Whenever in the judgment of the board it is desirable or necessary to 
the welfare of the schools in the district, or to provide for the children 
therein proper school privileges or whenever petitioned to do so by one- 
third of the voters of the district, the board shall call an election of the 
voters in the district at some convenient time and place fixed by the 
board, to vote upon the question of the selection, purchase, exchange 
or sale of a school house site, of the erection, removal, or sale of a school 
house. Said election shall be conducted and the votes canvassed in the 
same manner as at the annual election of school officers. 

Sec. 1185. ELECTION, HOW CALLED. PLANS, HOW PREPARED.] 
Three notices of the time, place and the purpose of such election shall 
be posted in three of the most public places in the district at least four- 
teen days prior to such meeting. If a majority of the voters present at 
such meeting shall by vote select a school house site or shall be in favor 
of the purchase, exchange or sale of the school house, as the case may 
be, then the board shall proceed to carry out the decision of the voters of 
the district, provided it shall require a vote of two-thirds of the voters 
present and voting at such meeting to order the removal of the school 
house, and such school house so removed cannot again be removed within 
three years from the date of such meeting; and, further, if the question 
of removing the school house fails to carry, then the question of remov- 
ing such school house cannot again be raised within one year; provided, 
further, that whenever a school house is to be purchased, erected or 
constructed in a common school district, the school board shall consult 
with the county superintendent of schools and the county superintendent 
of health with regard to plans providing for the proper construction, 
lighting, heating and ventilating; provided, further, that it shall be the 
duty of the state superintendent of public instruction to furnish plans 
for school houses of one and two rooms that will be in accord with the 
best ideas pertaining to heating, lighting, ventilation and other sanitary 
requirements; provided, further, that school boards and county superin- 
tendents shall secure from a competent carpenter or architect complete 
specifications and blue prints for plans furnished by the state super- 
intendent of public instruction, or approved plans that may be furnished 
by said carpenter or architect, at a cost not to exceed twenty-five dollars 



iSTATE OF NORTH DAKOTA 61 



for a one-room school house and forty dollars for a two-room school 
house. A copy of such plans and specifications shall be fifed in the office 
of the county superintendent. 

Sec. 1186. COUNTY BOARD OF HEALTH.] Whenever the county 
superintendent of schools shall report to the county board of health that 
a school house or any school out building is in an unsanitary or unsafe 
condition, or that any of the pupils or any person o£ school age is alleged 
to be defective in mind or body, it shall be the duty of the said board to 
investigate the report without delay and to direct the school board or a 
person in charge of the alleged defective to take such action as shall 
seem to be for the best interests of the persons immediately concerned. 

Sec. 1187. SCHOOL HOUSE SITES, HOW OBTAINED AND MAXI- 
MUM AREA ALLOWED.] The school board of any school district may 
take in the corporate name thereof any real property not less than two 
acres, nor exceeding five acres in area chosen as a site for school house, 
as provided in this chapter, and may hold and use such tract for school 
purposes only. It shall secure good title to any and all of the school 
sites in the district, and cause the same to be recorded in the office of 
the register of deeds. It shall be the duty of the state's attorneys to pass 
upon the title to any school site before the deed thereof is recorded. 
Should the owner of such real property refuse or neglect to grant and 
convey such site, a site for a school house may be obtained by proceeding 
in eminent domain, as provided in the Code of Civil Procedure. If this 
site so selected is not used for the purpose for which it is taken for two 
successive years it shall revert to the original owner or his assigns upon 
payment of the sum originally paid by the school district. If such owner 
or his assigns neglects or refuses to make such repayments for one year 
after the demand therefor by the board such site shall be the property of 
the district. 

Sec. 1188. SCHOOLS TO BE ORGANIZED ON PETITION.] If a 
petition signed by the persons charged with the support and having the 
custody and care of nine or more children of school age, all of whom 
reside not less than two and one-half miles from the nearest school, is 
presented to the board, asking for the organization of a school for such 
children, the board shall organize such school and employ a teacher there- 
fore, if a suitable room for such school can be leased or rented at some 
proper location not more than two and one-half miles distant from the 
residence of any one of such children, and if no suitable room for such 
school can be leased or rented, the board shall call a meeting of the 
voters of the district for the selection and purchase or erection of a 
school house, as provided for in section 1185. If at such meeting no 
such site is selected or if it is not voted to erect or purchase a school 
house for such school, the board shall select and purchase a school house 
site and erect, purchase or move thereon a school house at a cost of not 
more than twelve hundred dollars for such school house and furniture 
therefore; provided, that the provisions of this section shall nol^ apply 



62 GENERAL SCHOOL LAWS 



in instances where schools have been consolidated in accordance with the 
provision of section 1190. 

Sec. 1189. SCHOOL* TERMS, HOW ARRANGED AND WHEN DIS- 
CONTINUED.] The district board shall determine and fix the length 
of time the schools in the district shall be taught each year, and when 
each term of school shall begin and end. It shall so arrange such terms 
as to accommodate and furnish school privileges equally and equitably 
to pupils of all ages; provided, that every common school shall be kept 
in session for not less than seven months in each school year; provided, 
further, that any school may be discontinued when the average attend- 
ance of pupils therein for ten consecutive days shall be less than four, 
and all contracts between school boards and teachers shall contain a pro- 
vision that no compensation shall be received by such teacher from the 
date of such discontinuance, if proper and convenient school facilities be 
provided for the pupils therein in some other school. 

Sec. 1190. CONSOLIDATION OF SCHOOLS.] The district school 
board may call, and if petitioned by one-third of the voters in the dis- 
trict shall call an election to determine the question: 

(1) "To consolidate two or more schools or the territory usually served 
by two or more schools and select a site and provide a suitable build- 
ing," or 

(2) "To select a school already established and, if necessary, make 
suitable additions thereto to accommodate the pupils of the schools to be 
vacated." 

Said election shall be conducted, both as to notices and as to manner 
of canvassing the votes, in the same manner as the annual school elec- 
tions. If a majority of the votes cast at such an election are in favor 
of either proposal, then the board shall carry out the decision of the 
district within four months thereafter. In the event of carrying out 
either proposal prior to or after the passage of this act, it shall be the 
duty of the board to provide for the transportation of the pupils at public 
expense to and from the consolidated school, except to those pupils living 
less than one and one-half miles from such school; and it shall also be 
the duty of the board, if deemed expedient, to move to the site selected 
school houses already built or to sell such school houses. Provided, that 
transportation may be furnished either by public^ conveyance or by al- 
lowing to each family as compensation a sum of not less than twenty 
cents nor more than one dollar and twenty-five cents per school day of 
attendance, such compensation to be equitably based upon the distance 
traveled and the number of children transported. Provided, further, that 
the sum total of expense to a district for transportation shall not be 
greater where the family system of payment is used than would be the 
case under a system of public conveyances. Approved February 28, 1919. 

See. 1191. ADDITIONAL SCHOOL TIME.] If a majority of the 
patrons of any school averaging eight or more pupils in daily attendance 
for a period of three months immediately prior to the date of filing the 
petition with the clerk of the district board, shall petition the board to 



STATE OF NOKTH DAKOTA 63 



continue such school for an additional time, the board shall continue such 
school for that length of time if there are funds in the treasury sufficient 
for that purpose. 

Sec. 1192. DISTRICT HIGH SCHOOLS.] In any district containing 
four or more schools, and having an enumeration of sixty or more per- 
sons of school age residing therein the board may call, and if petitioned 
so to do by ten or more voters in the district, shall call a meeting of the 
voters of such district, in the manner prescribed in section 1185 to deter- 
mine the question of establishing a district high school. If a majority 
of the voters at such meeting vote in favor of establishing such high 
school, the meeting shall further proceed to select a site therefor, and to 
provide for the erection or purchase of a school building or for the 
necessary addition to some school building therefor. Thereupon the 
board shall erect or purchase a building or make such addition for such 
high school, as shall be determined at such meeting and shall establish 
therein a district high school containing one or more departments, and 
employ teachers therefor. 

Sec. 1193. LENGTH OF TERM.] Such high school shall be kept in 
session for such time each year, not less than four months, as the board 
may determine. The board shall, subject to the approval of the county 
superintendent, grade such high school, and prescribe the studies to be 
pursued therein, and shall have the same management and control 
thereof as of the elementary schools in the district. 

Sec. 1194. ADJACENT DISTRICTS MAY JOIN.] Two or more ad- 
jacent school districts may join in the establishment and maintenance of 
such high school, or for a graded school or for both, when empowered 
so to do by a majority of the voters in each district, at a meeting called 
and held as provided for in this section, in which case the building and 
furniture occupied and used for such high school or graded school shall 
belong to the districts so uniting and all the costs of maintaining such 
school, or schools, including the wages of teachers and all necessary 
supplies shall be paid by such districts in proportion to the assessed 
valuation of the property in each; and the employment of teachers 
therefoT, and the management, control and grading thereof shall be 
vested in the joint boards of such dintricts, subject to the approval of 
the county superintendent of the county in which such districts are 
located. 

Sec. 1195. SCHOOL CENSUS. ANNUAL REPORT.] The school 
board shall cause an enumeration to be made between the first and 
twentieth day of June of each year, of all unmarried persons of school 
age, being over sixl and under twenty-one, having their legal residence 
in the district, giving the names and ages of such persons and the names 
of parents and guardians having the care and custody of each; also the 
name and age of each deaf and dumb, blind, and feeble minded person 
between the ages of five and twenty-five years, residing in the district, 
including all such persons as may be too deaf or feeble minded to ac- 
quire an education in the common schools, and the names and post-office 



64 GENERAL SCHOOL LAWS 



address of the parents or guardians of such persons. The enumeration 
shall be made upon and in accordance with the blanks furnished therefor 
by the county superintendent, and shall be returned to the county super- 
intendent prior to the tenth day of July. 

Sec. 1196. ENUMERATION OF DEAF AND DUMB AND BLIND.] 
A copy of the enumeration of such deaf and dumb persons shall be fur- 
nished the superintendent of the school for the deaf; a copy of the 
enumeration of such blind persons shall be furnished to the superinten- 
dent of the school for the blind; and a copy of the enumeration of such 
feeble-minded persons shall be furnished the superintendent of the in- 
stitution for the feeble-minded, by the county superintendent immediately 
upon the receipt of the same. A copy of such enumeration shall also 
be kept in the office of the district clerk. 

Sec. 1197. CLERK'S ANNUAL REPORT.] The board shall also 
cause the district clerk to make out an annual report for the year be- 
ginning July 1st, and ending June 30th, containing such actual and 
statistical statements and items as shall be required by the superinten- 
dent of public instruction, and upon and in accordance with the blanks 
furnished therefor by the county superintendent. Such reports shall 
be carefully examined and certified to as correct by the board at its 
regular meeting in July, and transmitted to the county superintendent 
prior to the 1st day of August following. A copy of such report shall 
be filed in the district clerk's office. 

Sec. 1198. RECORDS OPEN TO INSPECTION.] All reports, books, 
records, vouchers, contracts and papers relating to school business in the 
school district in the office of the clerk shall at all times be open to the 
inspection of any director, who shall advise and aid in securing correct 
records, accounts, and legal reports, and they shall likewise be open to 
the county superintendent, and any particular paper or record shall be 
exhibited at reasonable hours to any voter or taxpayer. 

Sec. 1199. ENGLISH THE LANGUAGE OF THE SCHOOLS.] All 
reports and records of school officers and proceedings of all school meet- 
ings shall be in the English language, and if any money belonging to 
any district shall be expended in supporting a school in which the Eng- 
lish language is not the medium of instruction exclusively, the county 
superintendent or any taxpayer of the school corporation may in a civil 
action in the name of the corporation recover, for such corporation all 
such money from the officer expending it or ordering or voting for its 
expenditure. 

Sec. 1200. EXITS REQUIRED.] All school houses having more than 
one school room shall have the doors in the exits opening outward, and 
it is hereby further provided that after the passage of this act school 
houses of more than one room thereafter erected shall be provided with" 
an exit not less than four feet six inches in width. All doors to be kept 
unlocked from 8:30 o'clock a. m. to 4:30 o'clock p. m. on school days. 

Sec. 1201. FIRE ESCAPES, HOW CONSTRUCTED.] There is here- 
by required a stationary fire escape, consisting of iron stairways, attached 



STATE OF NORTH DAKOTA 65 



to school houses having more than one story,, with iron landings easily 
accessible from each school room above the first floor, guarded by an iron 
railing not less than two feet six inches in height. Such landings shall 
be connected by iron stairs not less than three feet wide and with steps 
not less than six inches tread, and protected by a well secured hand rail 
of iron on both sides and reaching to the ground. Provided, however, 
that the six-foot section immediately above the ground shall be hinged 
to the main escape so it may be swung out of the way wheil not in use; 
further provided that this section shall not affect school houses now con- 
structed and provided with adequate fire escapes. The way of egress to 
such fire escape shall at all times be kept free and clear from all ob- 
struction of any and every nature. 

Sec. 1202. DUTY OF SCHOOL OFFICERS.] Trustees, boards of 
directors, boards of education, or any other persons having charge of 
such school houses shall comply with the provisions of this act within 
six months after its passage and approval. 

Sec. 1203. PENALTY.] Any person or board violating any of the 
provisions of this act shall upon conviction thereof, be deemed guilty of 
a misdemeanor and shall be punished by a fine of not less than twenty- 
five dollars or more than one hundred dollars. 

Sec. 1204. DUTIES OF DISTRICT SCHOOL BOARDS AS TO TREE 
PLANTING.] It is hereby made the duty of every district school board 
in the state of North Dakota to plant trees and shrubs upon the 
grounds of every school house in their district and to encourage school 
children to plant such trees and shrubs and to cultivate and protect the 
same. 

Sec. 1205. FENCES.] Where stock is permitted to run at large it 
is hereby made the duty of the district school board to cause to be 
erected about the grounds of every school house in each district a fence 
sufficient to protect the trees and shrubs upon the school house grounds 
from destruction by live stock, and such fence shall be provided with 
convenient gates or stiles; provided, further, that in the construction of 
such fence barbed wire shall not be used. 

Sec. 1206. FUNDS FOR TREE PLANTING AND CULTIVATION.] 
The district school board is hereby empowered and it shall be its duty to 
expend not less than ten dollars annually for each school yard out of the 
funds of the school district for the purpose mentioned in the foregoing 
section. 

Sec. 1207. STABLES IN RURAL DISTRICTS. HITCHING POSTS.] 
If in any rural school district, a petition signed by the persons charged 
with the support and having the custody and care of eight or more chil- 
dren of school age is presented to the school board asking for the build- 
ing of a suitable stable upon the school site, the board shall provide such 
stable without unnecessary delay. It shall be the duty of the school 
board in rural districts to provide for substantial hitching posts for each 
school site in the district. 



66 GENERAL SCHOOL LAWS 

GULL RIVER LUMBER COMPANY, PLAINTIFF AND RESPOND- 
ENT, V. SCHOOL DISTRICT NO. 39, BARNES COUNTY, D. T., 
DEFENDANT AND APPELLANT. 

1. PRACTICE— FINDINGS OF FACT.] Where the trial court de- 
termines the issue of fact without a jury, the requirement of the statute 
as to findings is mandatory, and not directory. In such cases it is the 
duty of the trial court without request to make express findings of the 
ultimate facts which are material and arise upon the pleadings. Accord- 
ingly where the district court, in such case, made no express findings of 
the ultimate facts which were in issue, but instead of doing so adopted 
certain documentary evidence and a certain stipulation of facts, as its 
findings of fact, and from such findings drew certain legal conclusions, 
upon which judgment was entered, held reversible error. 

2. CAPITAL BANK v. SCHOOL DISTRICT FOLLOWED.] Upon 
the merits this case will be governed by the principles of law laid down 
in another case like it, decided at the present term of this court, i. e.. 
Capital Bank of St. Paul v. School District No. 53, ante, 479. 1 N. D. 500. 
(Opinion Filed November 29, 1890.) 

FRED PRONOVOST AND ONEISINE COSSETTE ET AL. v. ALFRED 
BURNETTE, AS A DIRECTOR OF SCHOOL DISTRICT NO. 40. 

1. The public schools of North Dakota are under the control of the 
legislature, and the respective school boards have no other powers than 
those which the statutes confer upon them. 

2. The legislative policy in North Dakota is that public schools in the 
common-school districts of the state shall be maintained in buildings 
which are owned by the public. Where a common-school district already 
owns a school building which is adequate to the needs of the district, 
and there are not nine children residing 2^/^ miles therefrom so that ad- 
ditional accommodation is needed for such persons, it has no authority 
or power to lease another building and to remove the school thereto. 36 
N. D. 288. (Opinion filed March 3, 1917.) 

THOMAS A. THOMPSON v. C. B. VOLD, GUST PETERSON, AND 
ANDREW PETERSON AS DIRECTORS OF FORT RANSOM 
' SCHOOL DISTRICT NO. 6, RANSOM COUNTY, N. DAK. 

1. Equity will not attempt to do a vain thing, nor will it, by injunction, 
attempt to prevent the doing of an act that has already been perfected. 

2. Where an injunction is sought in the lower court to restrain a 
school board from further proceeding with the remodeling of a building, 
on the ground that, though it has the power only to repair, it is in fact 
erecting a new building, and such injunction is refused and an appeal 
taken, but no supersedeas bond is furnished and no stay of proceedings 
granted, and pending such appeal the work is completed, the matter in- 



STATE OF NORTH DAKOTA 67 



volved becomes a moot question, and the appeal will be dismissed by 
'the supreme court. 38 N. D. 569. (Opinion filed December 13, 1917.) 

HENDERSON ET AL. v. LONG CREEK SCHOOL DISTRICT NO. 2 
OF DIVIDE COUNTY ET AL. 

1. In an action to recover for labor and materials furnished, the com- 
plaint alleged that the plaintiffs erected a schoolhouse which was needed 
for the accommodation of the school children of the defendant school 
district, and that such action was taken by plaintiffs following an adverse 
vote at two separate elections on the proposition of bonding the district 
for the purpose of erecting a schoolhouse to take the place of a building 
which had been condemned by the board of health, held, that the com- 
plaint does not state a cause of action. 

2. Section 1184 of the Compiled Laws of 1913 authorizes boards of 
directors of common school districts to erect schoolhouses only when 
directed to do so by a majority of the voters of the district. 

3. When a statute limits the powers of boards of directors of common 
school districts as to the erection of schoolhouses, and prescribes that 
such powers can only be exercised by first procuring authority from the 
voters, and where such board, not having obtained the requisite author- 
ity, refused to enter into a contract for the construction of a schoolhouse, 
the district is not rendered liable as upon contract by the acceptance of 
a building so construed without authority. 171 N. W. 825. 

SCHOOL DISTRICT NUMBER 94, A CORPORATION, v. SPECIAL 
SCHOOL DISTRICT NUMBER 33, A CORPORATION. 

1. Two school districts of Cass County changed their boundaries. 
Arbitrators were appointed to equalize the property and debts. Their 
decision gave the plaintiff the sum of $239.87. Held, that such arbitra- 
tion was pursuant to sections 1327-1331, Comp. Laws 1913, which pro- 
vide that the arbitrators shall make a return of their findings to the 
county auditor, who shall thereupon extend a tax against the property 
situated within the districts to pay the awards, and that the same shall 
be paid as the taxes are collected. 

2. It, therefore, follows that the plaintiff could not maintain a suit 
in law upon the indebtedness. The remedy, if any, was by mandamus to 
compel the arbitrators, county auditor, and other officials to proceed 
with the collection of the tax. 33 N. D. 353. (Opinion filed- March 6, 
1916.) 

HUGH Mcdonald et al. v. o. l hanson et al. 

1. Chapter 135 of the Session Laws of 1915 construed, and held to 
provide two methods of organizing new common-school districts, namely: 

a. The first method is by presenting to the board of county commis- 
sioners and county superintendent a petition containing proper and legal 
requirements as to assessed valuation, and extent of the territory to be 



68 GENERAL SCHOOL LAWS 



contained in the new district to be organized, signed by a majority of the 
school voters in the districts whose boundaries will be affected by the 
organization of the new school district, and by at least three fourths of 
the residents of the territory to be included in the new school district; 
such petition must be heard upon thirty days' notice as provided by sec- 
tion 1148 of the Compiled Laws of 1913, and only at the July meeting 
of the board of county commissioners, as provided by section 1147 of the 
Compiled Laws of 1913. 

b. The second method of organizing a new common-school district is 
by petition signed by three fourths of the school voters residing in the 
territory to be organized into the new school district, such petition to 
comply with the requirements of law as to assessed valuation, and extent 
of territory in both the old and the new districts; the notice required by 
section 1148 of the Compiled Laws of 1913 shall also be given, but such 
petition may be acted upon at the July meeting, or any other meeting 
of the board of county commissioners, conjointly with the county super- 
intendent of schools. 

2. Chapter 135 has been examined, and held not to be in conflict with, 
nor does it contravene any of, provisions of sections 11, 69, or 70 of the 
state Constitution; said law is a general law, operating in every part of 
the state uniformly when applied to like conditions and circumstances, 
and is in no sense special legislation. The classification of common 
schools, so far as the same is provided for in the law under considera- 
tion, is based upon reason, and is not arbitrary, unreasonable, or dis- 
criminating. 37 N. D. 324. (Opinion filed April IS, 1917.) Rehearing 
denied July 25, 1917. 

CARL E. TALLMADGE ET AL. v. MARGARET KENNEDY, AS SUPER- 
INTENDENT OF SCHOOLS OF HETTINGER COUNTY 
ET AL. 

QUO WARRANTO— ACTION IN— SCHOOL DISTRICT— ORGANI- 
ZATION — LEGALITY OF — DIRECTORS — SPECIAL INTEREST — 
PROSECUTION OF ACTION.] 1. In an action- of the nature of quo 
warranto to test the legality of the organization of a school district out 
of a portion of the territory of an old district, the directors of the latter 
district have such a special interest as to enable them to prosecute the 
action in their own name. 

COUNTir COMMISSIONERS— BOARDS OF— COUNTY SUPERIN- 
TENDENT—SCHOOL DISTRICT— VOTERS— MAJORITY— SPECIAL 
BOARD— NEW DISTRICTS.] 4. Section 1147, Compiled Laws 1913, 
which provides that ''the board of county commissioners and county 
superintendent may organize a new school district from portions of 
school districts already organized, * * * upon being petitioned so 
to do by at least a majority of the school voters residing in the districts 
whose boundaries will be affected by the organization of a new district 
and by at least three fourths of the residents of the territory to be in- 
cluded on the new district," construed and held, for reasons stated in 



STATE OF NOKTH DAKOTA 6« 



opinion, that the legislative intent was to empower such special board 
to organize new school districts from portion of one or more old dis- 
tricts. 

PETITION— SCHOOL DISTRICTS— NEW— ORGANIZATION OF— 
COUNTY COMMISSIONERS— COUNTY SUPERINTENDENT— PRO- 
CEEDINGS— IRREGULARLY— DOES NOT NULLIFY.] 5. A petition 
in all respects complying with provisions of section 1147, Compiled Laws, 
except that it prayed for the organization of two new school districts in- 
stead of one, was filed with the board of county commissioners and 
county superintendent. Pursuant thereto, notice was given, and, upon a 
hearing, the board organized two new school districts from portions of 
an old district. Held, that while such petition and the proceedings there- 
under were irregular, they were not a nullity, and afford plaintiffs no 
ground for the relief prayed for in the complaint. 34 N. D. 590. 
(Opinion filed August 7, 1916.) 

STATE EX REL. ROBT. J. LAIRD vs. JOHN GANG, ET AL. 

PETITION FOR ORGANIZATION OF CIVIL TOWNSHIP— SUFFI- 
CIENCY — REVIEWED.] The board of county commissioners having 
found that a certain petition for the organization of a civil township con- 
taining the requisite number of legal voters, and having acted thereon 
by taking the necessary steps to organize such township, held, that the 
question as to the sufficiency of such petition is not open to judicial in- 
vestigation in mandamus proceedings to compel the calling of an election 
for school officers in such township. Following State v. Langlie, 67 N. 
W. 958, 5 N. D. 594. 

SCHOOL TOWNSHIP WHEN EMBRACES CIVIL TOWNSHIP. 

Upon organization into a civil township of a portion of the territory 
comprising a school township corporation, held, construing Sections 658. 
659, Rev. Codes, that such civil township continues for school purposes 
as a part of such school township corporation until segregated therefrom 
by the commissioners and county superintendent of schools, upon peti- 
tion of the voters. 10 N. D. 332. (Opionion filed June 15, 1901.) 

STATE OF NORTH DAKOTA EX REL. J. C. JOHNSON v. DIREC- 
TORS OF SCHOOL DISTRICT NO. 10 IN AND FOR SAID 
WARD COUNTY. 

1. In construing section 1188 of the Compiled Laws of 1913, which 
provides that the school boards of the various common school districts 
shall, upon the petition of those charged with the support an(i having 
the care and custody of nine or more children of school age, furnish 
school accommodations for such children within a distance of l^k miles 
from their homes, such 2% miles distance is to be measured by the roads 
which are actually opened and passable, and not as the crow flies, or by 
taking into consideration section lines which are set apart by section 



70 GENERAL SCHOOL LAWS 



1920 as highways, but which are not in their present condition passable 
and have not been actually opened for travel. 

2. Although, under the provisions of section 1179 of the Compiled 
Laws of 1913, a school board of one district may allow the children of 
adjacent one to attend its school, such board cannot be compelled to do 
so, and it is no defense to an action which is brought under the provisions 
of section 1188 of the Compiled Laws of 1913, to compel the furnishing 
of an additional schoolhouse for the accommodation of children who are 
more than 2^/4 miles from the nearest school in a district, that said 
children live within a distance of 2^/^ miles of a school which is in an 
adjacent one. 

3. It is no defense to an action which is brought under the provisions 
of section 1188 of the Compiled Laws of 1913, to compel the furnishing 
of an additional schoolhouse for the accommodation of children who are 
now more than 2% miles from the nearest school, that on account of 
the broken nature of the country no site can be chosen which will be 
within 2^/^ miles from the residences of all of the petitioners, provided 
that a site can be chosen which will be within that distance of the homes 
of at least nine children of school age, and who are now outside of that 
limit from any school within the district. 34 N. D. 330. (Opinion filed 
June 1, 1916.) 

PETEESBURG SCHOOL DISTRICT OF NELSON COUNTY, STATE 
OF NORTH DAKOTA, v. LEVI PETERSON. 

3. SCHOOL HOUSE SITES— SELECTION.] Under section 701, Rev. 
Codes 1899, providing that the board may call a meeting of the voters in 
a school district to select a site for a new school house, a selection of a 
site by such voters, describing the site, "For locating a new school house 
on the hill at the south end of Sixth Street, in Peterson's field," is suf- 
ficiently definite on which to base a definite location of the site by the 
board. 

4. VOTERS SELECT BY GENERAL DESIGNATION, NOT DEF- 
INITE DESCRIPTION.] Under said section 701, Rev. Codes 1899, the 
voters are required only to select by a general designation, and not by a 
definite description. 

5. PRECISE LIMITS AND QUANTITY OF LAND ARE IN THE 
DISCRETION OF THE SCHOOL BOARD.] Under s£^id section 701, Rev. 
Codes 1899, the board is required to locate the site upon the land selected 
by general designation of the voters by fixing its boundaries, and it fs~ 
vested with discretion as to the precise limits of the site selected by the 
voters, as well as to the amount of land taken, within the statutory 
limit. 14 N. D. 344. (Opinion filed June 9, 1905.) 

EASTGATE v. OSAGO SCHOOL DISTRICT, NELSON COUNTY. 

1. Where a statutory law imposes upon school boards the mandatory 
duty of requiring each child between the ages of 6 and 15 years of age 



STATE OF NORTH DAKOTA 71 



to attend the public school for a specified time during each school year, 
and in that respect imposes a further mandatory duty upon the school 
board requiring it to provide transportation to the school for all children 
between the ages of 6 and 15 years of age inclusive, who reside beyond 
the specified distance as prescribed by lav/, when it becomes the manda- 
tory duty of the school board to provide conveyance for such children 
to such school, it is the mandatory duty of the school board to ascertain 
and determine what children within the district reside and convey them 
to school in accordance with the requirement of the law providing for 
such transportation. 

2. Where a school board fails, neglects, or refuses to furnish trans- 
portation for children between the ages of 6 and 15 years, inclusive, in 
disregard of the provisions of law which make it their mandatory duty 
to do so, and where the parent or guardian or one lawfully charged with 
the custody and care of such children conveys them to the nearest pro- 
perly equipped school within the district by the nearest public or law- 
fully traveled route, such service being accepted by the school district, 
the district is under an implied contractual obligation to compensate 
therefor. , 

3. The words "nearest route," as used in Laws 1811, c. 266, section 
232, sub. 4, as amended by Laws 1913, c. 267, and Comp. Laws 1913, 
sec. 1342, as amended and re-enacted by Laws 1915, c. 141, relating to 
transportation of pupils living a certain distance from schools by the 
nearest route, mean the nearest public route, or one which has been duly 
authorized or exists by law. 171 N. W. 96. 

STATE OF NORTH DAKOTA EX REL. J. J. BRAND v. BOARD OF 

DIRECTORS WITHIN AND FOR BELL SCHOOL DISTRICT 

NO. 10, WARD COUNTY, NORTH DAKOTA. 

1. SCHOOLS— CONSOLIDATED— TRANSPORTATION OF CHIL- 
DREN.] Under Sec. 232, art. 15, chap. 266, of the Laws of 1911, trans- 
portation must be furnished to children living more than 2^ miles from 
the district school which they are required to attend, no matter whether 
such school is a consolidated school or not. 

2. TRANSPORTATION OF CHILDREN — STATUTE LIBERALLY 
CONSTRUED.] Section 232, art. 15, chap. 266 of the Laws of 1911, 
which provides for furnishing transportation "to and from school" for 
children living more than 2% miles from the schoolhouse, should be 
construed liberally, and not in accordance with the strict letter of the 
enactment. , 

3. SCHOOL BOARD— REASONABLE DISCRETION— DISCRIMI- 
NATION.] School boards have the right to exercise all resonable dis- 
cretion in furnishing the free transpoitation which is provided for in 
Sec. 232, art. 15, chap. 266, of the Laws of 1911, and it is not an abuse 
of such discretion, nor "an unjust or illegal discrimination," nor "a denial 
of transportation," to require boys of from ten to nineteen years of age 
to cross the frozen Mouse River, and to walk a distance of from one- 



72 GENERAL SCHOOL LAWS 



fourth to one-thirth of a mile to meet a team which has been sent for 
the children of two other families who live about a mile further on, when 
the river is reasonably passable for pedestrians, when all the three 
families live beyond the 2% mile limit, and need to be accommodated, 
and the only other alternatives would be: (1) That the wagon with its 
load of children should go 2 miles out of its way to a bridge, returning 
2 miles to the home of the plaintiff, subjecting its occupants to the cold 
and discomfort of 4 miles of unnecessary travel; or (2) that the board 
should hire two teams, one for each side of the river and at a probable 
expense of from $35 to $40 a month for each; or (3) that the loaded 
wagon should itself cross the river and run the risk of upsetting. 28 N. 
D. 244, (Opinion filed September 5, 1914.) 

SCHOOL DISTRICT NO. 94, A CORPORATION, v. W. W. KING, D. B. 
SHAW, F. D. RICE, C. M. THOMPSON, S. F. SHERMAN, CON- 
STITUTING THE BOARD OF EDUCATION OF THE VILLAGE 
OF TOWER CITY, N. D., AND A. G. LEWIS, COUNTY AUDITOR 
OF CASS COUNTY, N. D. 

2. CONSTITUTIONAL LAW— SCHOOLS AND SCHOOL DIS- 
TRICTS—CONSOLIDATION AND DIVISION— LEGISLATIVE DIS- 
CRETION.] Laws enacted for the consolidation or division of school 
districts are valid as resting solely on legislative discretion or policy, 
unless they are contrary to some constitutional provision. 

3. CONSTITUTIONAL LAW— DUE PROCESS OF LAW— DIVISION 
OF SCHOOL DISTRICTS.] Chapter 106, Laws 1907, relating to division 
of school districts and attaching parts thereof to a city, town, or village 
for school purposes, is not unconstitutional as taking property without 
an opportunity for a hearing or as depriving school districts of their 
property without due process of law. 

4. CONSTITUTIONAL LAW— DUE PROCESS OF LAW— DIVI- 
SION AND CONSOLIDATION OF SCHOOL DISTRICTS.] A division 
or partial consolidation of school districts under chapter 106, Laws 1907, 
is not in violation of the constitution forbidding the taking of property 
without due process of law. The ownership of the property in such cases 
is not of private property. It is property devoted to state purposes, and 
subject to legislative control, unless the legislature violates some con- 
stitutional provision in reference to the same. 20 N. D. 614. 

CONSOLIDATED SCHOOL DISTRICT OF ELLSWORTH v. 
THOMPSON. 

1. In an action by a school district to quiet title to certain premises, 
which defendant claimed to have reverted to him by abandonment, where 
plaintiff alleged that defendant was estopped to deny plaintiff's title, 
which plea was not assailed, the court on appeal will uphold a judgment 
based on the estoppel, if the plea is supported by sufficient evidence, 
regardless of whether such plea was- good or not. 171 N. W. 16. 



STATE OF NORTH DAKOTA 73 



TORGERSON ET AL. v. GOLDEN VALLEY SCHOOL DISTRICT 
NO. 85 OF WILLIAMS COUNTY ET AL. 

1. Where a consolidated school is Jormed and a site chosen by the 
electors of the district, acting under section 1190, Compiled Laws of 
1913, such school cannot be removed from the location so selected with- 
out a two-thirds vote of the electors, proceeding under sections 1184 and 
1185 of the Compiled Laws of 1913. 171 N. W. 626. 



ARTICLE 11. SPECIAL SCHOOL DISTRICTS. 

(a) How Formed From Common School Districts. 

Sec. 1229. CITIES GOVERNED BY THE PROVISIONS OF THIS 
ARTICLE.] All cities and incorporated towns and villages which have 
heretofore been organized under the general school laws, and which are 
provided with a board of education, shall be governed by the provisions 
of this article. Any city, or incorporated, or platted town or village, 
may be constituted a special school district in the manner hereinafter 
prescribed, and shall then be governed by the provisions of this article; 
provided, that any city heretofore organized for school purposes under a 
special act, may adopt the provisions of this article by a majority vote 
of the voters therein, in the same manner as is provided for the organiza- 
tion of a new corporation under the provisions of this article. 

Sec. 1230. SPECIAL SCHOOL DISTRICTS.] Whenever any platted 
or incorporated city, town or village ^. shall constitute a portion of a 
school district, it may be organized into a special school district, alone 
or with contiguous territory, and the j. ^operty and indebtedness of such 
organized school district divided as hereinafter provided. 

Sec. 1231. SUPERINTENDENT SHALL CALL ELECTION ON 
PETITION. WHEN.] In such cases a petition signed by a majority of 
the voters of such school district, including women who are legal voters, 
may be presented to the county superintendent of schools for the division 
of such school district and the organization of such city, town or village, 
together with such territory contiguous thereto as may be described in 
said petition, into a special school district, and setting forth in detail the 
boundaries of such proposed special district, the manner and terms of 
the division of the property, rea^ and personal, and the indebtedness, 
bonded or otherwise, of such school districts as desired by the petitioners, 
and thereupon such superintendent shall within five days call an election 
to be held ini' such proposed special district, incorporated city, town or 
village, and an election to be simultaneously held in that portion of such 
school district, situated outside of such proposed special district, city, 
town or village. 

Sec. 1232. NOTICE GIVEN, ELECTION. HOW HELD.] Such super- 
intendent shall cause notice of each of such elections to be given by 
publishing notices thereof, stating the time and place of holding such 
elections, in a newspaper, published in such school district (if any), and 



74 GRNBRAL SCHOOL LAWS 



if thovo is no no\vs!p5»por vniblishod in such school district, thoii by post- 
in^C tlui?e notices ot* the election to be held, in such proposed special 
school district, city, town ov village, and it\ three public places in said 
district outside of such proposod-specirtl school district, city, to\\^l or 
vill.'j.tio. Such notices shall be posted or published not loss that* foui'teen 
days before such eU^ction. Such suporintetulont shall appoint judjres and 
clerks of svich elections and the same shall bo hold and conducted in the 
same n\annor. and the polls shall l>e opened at the same time as in other 
school district elections, and the i^esult of such elections shall be certi- 
lled ai\d deliveited to such superintendent within three days aftei* the 
close of the polls. 

Sec. 12;U?. BALLOTS. HOW PRINTRD.l Ther^ shall bo printed or 
written ot\ the ballots us^hI at such eloctiot\ the followiuj^ statement: 
"For division of (,h^^''<? state the i\ame of (he district to be divided') and 
the division of its property at\d debts as follows: (here state the boun- 
daries of the proposed special school district and the manner and terms 
of such division as set forth in the petition tiled)." The \^>ter shall write 
after such staten\ent the wo»\i "yos" if ■. favor of such division, and the 
wonl "«u>" if against it, 

S^v. Vll^A. SVrKRlNTKXnKXT SUAl.l. NOTIFY PRFSIDENT OF 
SCHOOL BOAKD.] Such suvHMintendont shall theroupon forthwith 
Tvotif>" the prosident of the school boani of such school district and the 
auditor or clerk of such city, town or village, of the iH?sult of such elec- 
tions. 

Sec. liJSr>. DTSTRtCTS COXSTITinrEP.l If such elections shall 
o«ch be in fa\^>r of the division of such school district, such proposed 
spivial school district, city, town or village) shall theivj^fter constitute 
a sv^vial school district; and such original scIhhU district situatoti out- 
side of such special school district, city, town or village, shall constitute 
a kHM>\n\on school district. 

Svv. IJS6. ELECTION FOR SPECIAL DISTRICT AND CX)MMON 
DISTRICT.] The county superintendent shall theroupon call an election 
for the eUvtion of ofrtcei-s of such svHvial schc»ol district and cx^mmon 
schwl district, of which election notice* shall l>e given for at least four- 
teen da>"s: such election shall be held as in other cases, in common school 
districts and sjnvial school districts, and such synvial scho^d district 
shall theroaft\>r K^ subject t» all provisions of law atfecti^v^ other sc>u>ol 
districts. 

Sec, 12,^T. DIVISION OF PROPERTY.] Such school district ^iui 
such special school district shall thereupon pn>cr?od to vltvide the prop- 
erty of such origiT\al school district accoii\lii\jff tv> svK'h petition aitd shall 
ly> Innind u^\Hvtively to pay the indebtedness of sxhrh district as pro- 
vide\i in such petition, aixd inay ntake an>' cont»"acts or conveyances 
necessary to carry into effect all the provisions of such i>etition. 

Sec, l2Sx^ BONDKD IXOKinKDNKSS. TAX TO BE LEVIED TO 
PAY,] In case such orii^rinal school district shall have outstanding toy 
botuicd debt for the payment of which no suftficieitt levy of tasMs Kas 



STATE OF NORTH DAKOTA 75 



been made, the board of education of such special district and the school 
board of such school district, shall at the time of making the next an- 
nual tax levy, levy a tax sufficient to pay the interest and also the prin- 
cipal of so much of such bonded debt as shall be assumed by said special 
school district and such common school district respectively as the same 
mature, and shall designate the amount of such tax to be collected in 
each year thereafter, and shall certify such levy to the county auditor, 
who shall thereupon enter and extend upon the tax list in each year the 
amount of such tax to be collected in that year. 

Sec. 1239. BONDED DEBT. SPECIAL SCHOOL DISTRICT AND 
COMMON SCHOOL DISTRICT TO PAY.] Such special school district 
and such common school district shall provide for and pay according to 
the terms of the bonds, such portion of bonded debt as is assumed by it. 

Sec. 1240. ADJACENT TERRITORY. HOW ATTACHED FOR 
SCHOOL PURPOSES.] When any special school district has been or- 
ganized and provided with a board of education under any general law, 
or special act, or under the provisions of this article, territory outside 
the limits thereof but adjacent thereto may be attached to such special 
school district by the board of county commissioners, upon application 
in writing signed by two-thirds of the voters of such adjacent territory; 
provided, that no territory shall be annexed from any school district 
where the part remaining after such proposed annexation would have an 
assessed valuation of less than one hundred thousand, dollars for each 
teacher employed in such remaining territory. 

Such adjacent territory shall be attached for voting purposes to such 
corporation, or if the election is held in wards, to the ward or wards or 
election precinct or precincts to which it lies adjacent; and the voters 
thereof shall vote only for school officers and on school questions; pro- 
vided that nothing in this act shall prevent any such adjacent territory 
from being annexed because of such adjacent territory being in an ad- 
joining county and provided that the county commissioners shall detach 
any part of such adjacent territory which is at a greater distance than 
three miles from the central school in such special district and attach 
it to any adjacent common or special school district or districts on peti- 
tion to do so signed by two-thirds of the legal voters of such adjacent 
territory; provided, further, that in all cases of annexation or detaching 
of territory fourteen days' notice of hearing before the board of county 
commissioners shall be given by posted notices in conspicuous places, 
three to be in the special district in the territory sought to be annexed 
or detached, and three in the district from which the teritory is to be 
taken or to which it is to be attached. If the board of county commis- 
sioners decide to annex or detach as the case may be then such territory 
shall become a part of the special district or be detached therefrom 
within five days after such hearing and all assets and liabilities shall be 
equalized according to Section 1327 of the Compiled Laws of North 
Dakota for 1913. Provided, also, that any special school district to 
which adjacent territory has been attached under this or any other act 



76 



GENERAL SCHOOL LAWS 



shall furnish transpovtation for all pupils residing in said special school 
district more than one and one-half miles from the central school house 
thereof in accordance with Section 1190 of the Compiled Laws of North 
Dakota for 1913, as amenaed by Chapter 127 of the Session Laws for 
1915, and other amendments thereto. Approved March 7, 1919. 

Sec. 1241. NAME AND BODY CORPORATE.] Every such district 
shall be a body corporate for school purposes by the name of "The 
Boai'd of Education of the city, towTti or village (as the case may be) 

of , (here insert the corporate name of the city, 

town or village) of the State of North Dakota," and shall possess all the 
powers and duties usual to corporations for public purposes or conferred 
upon it by this article or which may hereafter be conferred upon it by 
law; and in such name it may sue and be sued, contract and be con- 
tracted with, and hold and convey such real and personal property as 
shall come into its possession by will or otherwise; and it shall procure 
and keep a corporate seal by which its official acts may be attested. 

Sec. 1242. CONVE\'ANCE OF SCHOOL PROPERTY. HOW EX- 
ECUTED.] Any such city or incorporated town or village is author- 
ized and required upon the request of the board of education, to convey 
to such board of educal ion all j)roperty within the limits of any such 
corporation heretofore }-urchased by it for school purposes and now 
held and used for such pui-poses, the title to which is vested in any such 
civil corporation. All co'weyances for such property shall be signed by 
the mayor or president cf the board of trustees or commission and at- 
tested by. the clerk of such corporation, and shall have the seal of the 
corporation affixed thereto and be acknowledged by the mayor or presi- 
dent in the same manner as other conveyances of real estate. 

(b) Special School Districts. How Formed in Town or City. 

Sec. 1243. SPECIAL SCHOOL DISTRICTS. HOW ORGANIZED.] 
When a petition signed by one-third of the voters of a city, incorporated 
or platted town or village, or a school district in which is located a city 
or incoi-porated or platted town or village entitled to vote at such elec- 
tion, is presented to the council, commission or board of trustees of such 
city, inorporated or platted town or village on school (Jlstrict, asking 
that such city, incorporated or platted town or village or school district 
be organized as a special school district, such council, commission or 
board of trustees shall within ten daj's order an election for such purpose, 
notice of which shall be given, and the election conducted and the returns 
made in the manner provided by law for the annual school election; and 
the voters of such city, incorporated town or village or school district 
shall vote for or against organization as a special school district at such 
election. 

Sec. 1244. ELECTION OF FIRST BOARD OF EDUCATION.] If a 
majority of the votes cast at such election is for organization as a special 
schooij district, another election shall be called in the same manner as 
prescribed in the foregoing section, at which the voters of such city, in- 
corporated town or village or school district shall elect five members of 



STATE OF NORTH DAKOTA 77 



the board of education, two of whom shall serve until the first annual 
election, two until the second annual election, and one until the third 
annual election thereafter, and until their successors are elected and 
qualified, and their respective terms shall be determined by lot. 

Sec. 1245. TERMS OF OFFICE. QUORUM.] The board of educa- 
tion of each special district shall consist of five members who shall be 
elected by the legal voters thereof and who shall hold their office for the 
term of three years and until their successors are elected and qualified, 
except as provided for first elections under this article; and three mem- 
bers shall constitute a quorum for the transaction of business at any 
legal meeting. 

(c) Meetings and Organization of the Board. 

Sec. 1246. COMPENSATION OF MEMBERS. MUST NOT BE IN- 
TERESTED IN CONTRACTS.] Each member of such board of educa- 
tion shall receive a compensation of one dollar and fifty cents for each 
meeting of such board actually attended by him; provided, that no com- 
pensation shall be allowed for more than one meeting in each calendar 
month. The members shall not be interested, directly or indirectly, in 
any contract for making any improvements or repairs, or for erecting 
any building or for furnishing any materials or supplies for their dis- 
trict. 

Sec. 1247. MEETINGS OF BOARD.] The annual meeting of such 
board of education shall be held on the second Tuesday in July following 
the annual election, at which time the newly elected members shall as- 
sume the duties of their office. The board shall meet for the transaction 
of business as often as once in each calendar month thereafter and may 
adjourn for a shorter time. Special meetings may be called by the presi- 
dent or in his absence by any two members of the board or by giving a 
personal notice to each member of the board or by causing a written or 
printed notice to be left at his place of residence, at least forty-eight 
hours before the time of such meeting. 

Sec. 1248. ORGANIZATION OF BOARD.] At the annual meeting on 
the second Tuesday in July of each year such board of education shall or- 
ganize by electing a president from among its members, who shall serve 
for one year, and tney shall also appoint a clerk and a treasurer, not of 
their own number, who shall hold their offices during the pleasure of 
the board and receive such compensation for their services as shall be 
fixed by the board. In the absence of the president at any meeting a 
president pro tempore may be elected by the board. 

Sec. 1249. DUTIES OF PRESIDENT.] The president shall preside 
at all meetings of the board, appoint all committees whose appointment 
is not otherwise provided for and sign all warrants ordered by the 
board to be drawn upon the treasurer for school moneys and perform 
other acts required by law. 

Sec. 1250. DUTIES OF CLERK. RECORDS.] The clerk shall keep 
a true record of all the proceedings of the board, take charge of its 
books and documents, countersign all warrants for school moneys drawn 



78 GENERAL SCHOOL LAWS 



upon the treasurer by order of the board and affix the corporate seal 
thereto and perform such other duties as the board may require. The 
records, books, vouchers and papers of the board shall be open to exami- 
nation by any taxpayer of the district. Such record or a transcript 
thereof certified by the clerk and attested by the seal of the board, shall 
be received in all courts as prima facie evidence of the facts therein 
set forth. 

(d) Powers and Duties of Officers. 

Sec. 1251. POWERS AND DUTIES OF BOARD.] Each board of 
education shall have the pow^er and it shall be its duty: 

1. To establish a system of graded common schools which shall be 
free to all children of legal school age, residing within such special dis- 
trict, and shall be kept open not less than seven nor more than ten 
months in any year. 

2. To establish and maintain such schools in its city, town or village, 
as it shall deem requisite or expedient and to change or discontinue the 
same. 

3. To establish and maintain a high school, whenever in its opinion the 
educational interests of the corporation demand the same, in which such 
courses of study shall be pursued as shall be prescribed or approved by 
the superintendent of public instruction, together with such additional 
courses as such board of education may thereafter deem advisable to es- 
tablish. 

4. To purchase, sell, exchange and hire school houses and rooms, lots 
or sites for school houses, and to fence and otherwise improve them as 
it deems proper. 

5. Upon such lots and upon such sites as may be owned by such special 
district, to build, alter, enlarge, improve and repair school houses, out 
houses and appurtenances as it may deem advisable. 

6. To purchase, sell, exchange, improve and repair school apparatus, 
text books for the use of the pupils, furniture and appendages, and to 
provide fuel for the schools. 

7. To have the custody of all school property of every kind and to 
see that the ordinances and by-laws of the city or village in reLition 
thereto are observed. 

8. To contract with, employ and pay all teachers in such schools and 
to dismiss and remove for cause any teacher whenever the interests of 
the school may require it; but any such teacher shall be required to hold 
a certificate to teach, issued by the county superintendent or the super- 
intendent of public instruction, and if any such teacher holds only tn 
elementary certificate the board may impose such further requirement^ 
as the best interests of the several grades may require. No person who 
is related to any member of the board, by blood or marriage, shall be 
employed as a teacher without the concurrence of the entire board. 

9. To employ, should it deem expedient, a competent and discreet 
person as superintendent of schools for a period not to exceed three 



STATE OP NORTH DAKOTA 79 



years, and to pay such person a reasonable salary; such superintendent 
may be required to act as principal or teacher in such school. 

10. To defray the necessary and contingent expenses of the board, in- 
cluding the compensation of its clerk. 

11. To adopt, alter and repeal, whenever it may deem expedient, rules 
and regulations for the reception, organization, grading, government and 
instruction of pupils, their suspension, expulsion or transfer from one 
school to another. But no pupil shall be suspended or expelled except 
for insubordination, habitual indolence or disorderly conduct; such sus- 
pension shall not be for a longer period than ten days, nor such expulsion 
beyond the end of the current term of school. 

12. Each member shall visit, at least twice in each year, all the public 
schools in the city or village. 

13. To make a report on July 1st, or as soon thereafter as practicable, 
of the progress, prosperity and conditions, financial as well as educa- 
tional, of all the schools under its charge, a copy of which, together with 
such further information as shall be required by the superintendent of 
public instruction, shall be forwarded to the county superintendent, the 
same as reports are made by other school districts; and such report or 
such portion thereof as the board of education shall consider advantage- 
ous to the public, shall be published in a newspaper in the city or village, 
and in cities of over eight hundred inhabitants it may be published in 
pamphlet form. 

14. To admit children of persons not living; in such special district, 
and to fix and collect tuition therefore, if in its judgment the best inter- 
ests of the school will permit. 

15. To cause an enumeration to be made annually, of the children of 
school age within such special district, including those residing^ in any 
territory thereto attached for school purposes, as provided for other 
school districts, and return the same to the county superintendent. 

Sec. 1252. SCHOOL UNDER SUPERVISION OF WHOM.] The 
schools of each special district shall be under the immediate supervision 
of the board of education or the school superintendent appointed by such 
board, provided that where no superintendent is appointed by the board, 
the schools of such district shall be under the supervision of the county 
superintendent of schools in the same manner as are the schools of, a 
common school district. Chap. 136, p. 173, 1915. 

Sec. 1253. TREASURER, CUSTODIAN OF SCHOOL MONEYS.] 
All moneys from whatever source, which the board of education of any 
special district shall by law be authorized to receive, shall be paid over 
to the treasurer of the said board and he shall charge the same to the 
proper fund. 

Sec. 1254. TREASURER.] The treasurer of any city, town or village 
comprising a special district shall be treasurer of the board of education 
thereof; provided, however, should the said special school district have 
within its boundaries and be comprised partly of territory without the 
limits of said city, town or village, then the said special school district 



80 GENERAL SCHOOL LAWS 



shall elect, at its regular elections, a treasurer in the manner provided 
by law for the election of school district treasurer. 

Sec. 1255. TREASURER. DUTIES OF.] The treasurer of each 
board of education shall keep a true account of the receipts and ex- 
penditures of the various funds separately, and shall prepare and submit 
in writing a quarterly report of the state of the finances of the district, 
and shall, when required, produce at any meeting of such board, or any 
committee appointed for the purpose of examining his accounts, all 
books and papers pertaining to his office. He shall safely keep in his 
posssesion or under his control all school moneys coming into his hands, 
and shall pay out such moneys only upon a warrant signed by the presi- 
dent, countersigned by the clerk and attested by the corporate seal of 
the board. 

Sec. 1256. TREASURER'S BOND.] The treasurer of -the board shall 
execute a bond to such board, with sufficient sureties to be approved by 
the board, in such sum as such board may from time to time require, as 
near as can be ascertained in double the amount of the moneys likely to 
come into his hands, conditional for the faithful discharge of his duties 
as treasurer; which bond shall be in addition to his bond to the city, 
town or village. In case of the failure of the city, town or village 
treasurer to give such bond within ten days after being required so to do 
by such board of education, such treasurer's office shall become vacant 
and the council or. board of trustees of such city, town or village shall 
appoint another person to his place, who shall give such additional bonds. 

Sec. 1257. TAXABLE PROPERTY.] The taxable property of the 
whole school corporation including the teiTitory attached for school 
purposes rfhall be subject to taxation. All taxes collected for the benefit 
of the school shall be paid in money, and shall be placed in the hands 
of the treasurer, subject to the order of the board of education. 

Sec. 1258. ANNUAL SCHOOL TAX.] The board of education shall 
on or before the twentieth day of July of each year levy a tax for the 
support of the schools of the corporation, including any expenditures 
allowed by law, for the fiscal year next ensuing, not exceeding in any 
one year thirty mills on the dollar on all the real and personal property 
within the district which is taxable according to the laws of this state, 
the amount of which levy the clerk of the board shall certify to the 
county auditor, who is authorized and required to place the same on the 
tax roll of such county to be collected by the county treasurer as other 
taxes and paid over by him to the treasurer of the board of education, 
of whom he shall take a receipt in duplicate, one of which he shall file 
in his office and the other he shall forthwith transmit to the clerk of 
the board of education. Provided, however, that in districts having a 
high school an additional tax of ten mills on the dollar may be levied if 
a majority of the school voters of such district annually authorize such 
levy at the ar, aual school election. Notice that the question of levying 
such additional tax will be voted on at the election, shall be given by 
posting or publishing the same in the manner provided for the giving of 



STATE OF NORTH DAKOTA 81 



notice of the election of the board of education in section 1263 of the 
Compiled Laws of North Dakota for the year 1913. The levy of this 
additional tax, if authorized by the voters as aforesaid, shall be made 
by a resolution of the board prior to the twentieth day of July. Chap. 
144 p. 182, 1915. 

Sec. 1259. EXt-ENDITURES. CONTRACTS.] No expenditures in- 
volving an amount greater than one hundred dollars shall be made except 
in accordance with the provisions of a w^ritten contract, and no contract 
involving an 'Expenditure of more than five hundred dollars for the pur- 
pose of erecting any public buildings or making any iniprovements shall 
be made except upon sealed proposals and to the low^est responsible bid- 
der, after pul;lic notice for fourteen days previous to receiving such bids. 

Sec. 1260. BOAED ASSUMES CONTROL AFTER EQUALIZATION 
OF DEBTS AND PKOPERTY.] When any board of education shall be 
organized und^r the provisions of this article, it shall, after the equaliza- 
tion hereinafter provided for, assume control of the schools of the city, 
town or villa/?e, and shall be entitled to the possession of all property of 
the former district cr districts or parts thereof lying within such city, 
town or villrge, for t.ie use of schools. Such board shall also be entitled 
to its due proportion of all moneys on hand and taxes already levied but 
not collected, and shaii be liable for a proper amount of the debts and 
liabilities of such former district, to be determined in the manner pro- 
vided in this chapter for the equalization, determination and division of 
debts, property and assests of school districts consolidated or divided. 

Sec. 1261. SPECIAL DISTRICT MAY BECOME PART OF COMMON 
SCHOOL DISTRICT, WHEN.] Any special district organized under the 
general school laws and provided with a board of education may become 
a part of the common school district in which it is located, whenever it 
is so decided by a majority vote of the school electors of the city, town 
or village and of such common school district voting at an election 
called for that purpose. An (election) for such purpose shall be ordered 
and proper notice thereof given by the board of education of the special 
district, and the school board of such common school district in the same 
manner as is required for the election of school officers in such district, 
when petitioned by one-third of the voters resident in such district; and 
when so united the determination and division of the debts, property and 
assets shall be made by arbitration as provided in this chapter for school 
districts consolidated or divided. Villages not incorporated but hereto- 
fore organized under the general school laws and provided with a board 
of education shall become a part of the school district in which they are 
located and the determination and division of the property, debts and as- 
sets shall be made by arbitration as aforesaid. 

(c) Conduct of Annual Election in Special Districts. 

Sec. 1262. ELECTION OF BOARD OF EDUCATION IN SPECIAL 
DISTRICTS.] On the first Tuesday in June, each year, an election shall 
be held in each special district at which such members of the board of 
education shall be elected at large as shall be necessary to fill all vacan- 



82 GENERAL SCHOOL LAWS 

cies therein caused by expiration of terms of office or otherwise, and 
each member elected shall serve for a term of thi-ee years commencing 
on the second Tuesday in July following his election and until his suc- 
cessor is elected and qualified except when elected to serve an unexpired 
term. The polls shall be open at 9 o'clock a. m. and kept open until 4 
o'clock p. m. on the day of such election. 

Sec. 12G3. NOTICE OF ELECTION.] Such election shall be called 
by the board of education of such special district, which shall cause notice 
thereof to be posted or published as required by law for the annual 
election of civil officers in the city, town or village comprising such 
special district; such notice shall be signed by the clerk, or, in his ab- 
sence, by the president of the board of education of such district, and 
shall state the time and place of holding such election and what officers 
are to be elected and their terms. 

Sec. 1264. NOTICE OF ELECTION. FORM OF.] Such notice shall 
be in substantially the following form: 

Notice is hereby given that on Tuesday, the day of June, 

A. D an annual election will be held at (here 

insert polling place) for the purpose of election the following members 

of the board of education (here insert terms for 

which they are to be elected), for the city, town or village 

(here insert name), and the polls will be open at nine o'clock a. m., and 
closed at four o'clock p. m. of that day. 

By order of the Board of Education. 

Signed Clerk. 

Sec. 1265. CANDIDATES. OFFICIAL BALLOT.] Any person de- 
siring to be a candidate at such election shall file his or her name with 
the clerk not less than five days before such election, stating what posi- 
tion he or she desires to be a candidate for. At least three days before 
such election the clerk shall prepare aiid have printed an official ballot 
containing all the names filed as hereinbefore provided. Such ballot 
shall be headed "Official Ballot," shall contain the name of the district 
and the date of such election, shall be non-partisan, and state the number 
of persons to be voted for for each office, shall contain blank spaces be- 
low for writing in other names. Provided, nothing herein shall prevent 
any person desiring to be a candidate at such election and who failed 
to file as hereinbefore provided, from providing stickers to be attached 
to the official ballot by the voter, such stickers to be not over one-half 
inch in width and have printed thereon one name only. 

Sec. 1266. The provisions of sections 640, 641, 644, 648, 649 and 681 
of the Revised Codes of 1905, and of sections 9, 10, 11, 12, 13, 14, 15, 
16, 17, 18, 19, 20, and 21 of chapter 129 of the Session Laws' of 1911, 
shall apply to elections held under the provisions of sections 1264 and 
1265. 

Sec. 1267. ELECTION PRECINCTS AND OFFICERS OF ELEC- 
TION.] At least foux'teen days prior to such election the board of 



STATE OF NORTH DAKOTA 83 



education of each special district shall designate one polling place and 
appoint two persons to act as judges and two persons to act as clerks. 
Before opening the polls each of such judges and clerki shall take an 
oath that he will pei-form his duties as judge or clerk (as the case may 
be) according to law and to the best of his ability, which oath may be 
administered by any officer authorized to administer oaths or by either 
of said judges or clerks to the others. 

Sec. 1268. CANVAS OF RETURNS.] Such election shall be con- 
ducted, the votes canvassed in the manner provided by law for election 
of county officers, and returns shall be made showing the number of 
votes cast for each person for any office, which shall be signed by the 
judges and clerks of election, and the person receiving the highest num- 
ber of votes for each office in the district shall be declared elected, and 
the returns shall be filed with the clerk of the board of education within 
two days thereafter. 

Sec. 1269. CERTIFICATES OF ELECTION.] The clerk of the board 
shall give to each person elected at such election a certificate stating that 
he was duly elected as a member of the board of education and the time 
he is to take the oath and enter upon the duties of his office. Such clerk 
shall also, within five days, certify to the county superintendent of 
schools the persons so elected and their terms. 

Sec. 1270. OATH OF OFFICE.] Before entering upon the duties of 
his office each person elected or appointed as a member of the board 
of education shall take the oath or affirmation prescribed in section 211 
of the Constitution, which oatli shall be filed with the clerk of the board. 

Sec. 1271. VACANCIES. HOW FILLED.] The board of education 
of each city, town or village shall have power to appoint a person to fill 
any vacancy which may occur in the board; and such appointee shall hold 
his office until the next annual school election, at which time a person 
shall be elected to serve for the unexpired term; but if such vacancy 
shall occur within ten days before an annual election, such appointee 
shall hold office until the annual election in the following year. When 
any such appointment shall be made the clerk shall certify the same to 
the county superintendent. 

(f) Bonds and Bonding of Special Districts. 

Sec. 1272. BONDS, HOW AND WHEN ISSUED.] Whenever the 
taxes authorized by law shall not be sufficient or shall be deemed by 
the board of education to be burdensome, bonds may be issued and 
negotiated for the purpose of raising money to purchase a site or to 
erect suitable buildings thereon, or to fund any outstanding indebted- 
ness, or for the purpose of taking up any outstanding bonds of the school 
corporation: provided, that the issuance of such bonds shall first be au- 
thorized by the voters of such special district as hereinafter prescribed. 
Such bonds shall be signed by the president and clerk and attested by 
the corporate seal of the board, shall bear the date of their issue, and 
be payable in not less than five nor more than twenty years from their 
date, at such place as shall be designated upon their face. 



84 GENERAL SCHOOL LAWS 



Sec. 1273. DENOMINATION OF BONDS.] The denominations of the 
bonds which may be issued under the provisions of this article shall be 
fifty dollars or some multiple of fifty, and shall bear interest at not more 
than five per cent, per annum, payable semi-annually on the first day of 
January and July in each year, shall show upon their face that they are 
issued for school purposes, and shall be sold at not less than par. Each 
bond shall have endorsed thereon the certificate of the clerk stating that 
such bond is issued pursuant to law and is within the debt limit pre- 
scribed by the Constitution. 

Sec. 1274. BONDS. ELECTION FOR ISSUING.] Before issuing 
any such bonds the board of education shall call an election for the pur- 
pose of submitting to the voters of the district the question of issuing 
such bonds, notice of which shall be given in the manner prescribed by 
law for giving notice of the annual election for the several officers of 
the city, town or village comprising such special district, except that 
such notice shall be given fourteen days before such election. Such elec- 
tion shall be conducted and the returns made in the manner provided 
for the annual election of members of the board of education and may 
be held at the time of the annual school election or at any other time 
named in such notice. The notice of such election shall clearly state the 
amount of the bonds proposed to be issued, the time in which they shall 
be made payable, the purpose for which thoy are to be issued, and the 
time and place such election will be held. At such election the voteis 
shall have written or printed on their ballots "for issuing bonds" or 
''against issuing bonds," and if a majority of the votes cast is for issuing' 
bonds such bonds shall be issued and negotiated by such board of educa- 
tion, but if a majority thereof is against issuing bonds such bonds shall 
not be issued, nor shall the question be again submitted for one year 
thereafter except for a different amount and then only upon a written 
petition of a majority of the voters of the district. 

Sec. 127d. BONDS TO SPECIFY WHAT. DEBT LIMIT.] The 
bonds, the issuance of which is provided for in the foregoing section, 
shall specify the rate of interest and the time when the principal and 
interest shall be paid; and no district shall issue bonds in pursuance of 
this article in a sum greater than five per cent, of its assessed valuation, 
including other debts. 

Sec. 1276. LEVY FOR INTEREST AND SINKING FUND.] The 
board of education at the time of making its annual tax- levy for the 
support of schools shall also levy a sufficient amount to pay the interest 
as the same accrues on all bonds issued under the provisions of this 
article, and also to create a sinking fund for the redemption of such 
bonds, which it shall levy and collect in addition to the rate per cent, 
authorized by the provisions aforesaid for school purposes, and such 
amount of funds when paid into the treasury shall be and remain a 
special fund for such purpose only, and shall not be apportioned in any 
other way except as hereinafter provided. At or before the issuance of 
any bonds as herein provided the board shall by resolution provide for 



STATE OF NORTH DAKOTA 85 

such annual levy to pay the interest and to create such sinking fund, 
and such resolutions shall remain in force until all such bonds and the 
interest thereon shall have been paid; provided that the provisions of this 
section shall also apply to payment of all warrants issued for a legal 
purpose and outstanding January 1st, 1915. (Chap. 131, p. 169, 1915.) 
Sec. 1277. INVESTMENT OF SINKING FUNDS. SCHOOL DIS- 
TRICTS.] All moneys raised for the purpose of creating a sinking fund 
for the final redemption of all bonds issued under article 14 of chapter 
12 of the Political Code of the state shall be invested annually by the 
board of education of any special school district in this state as fol- 
lows, viz: 

1. In the bonds of this state or of the United States. 

2. A special school district board may designate one or more national 
or state banks in the county where such special school district is situated, 
as a depositary for such sinking fund, and in such case the school board 
shall advertise for at least fourteen days in some newspaper printed 
within the limits of said special school district, if there be one, if not, 
in the county where said school district is situated, for sealed proposals 
for the deposit of the sinking fund of such school district, reserving the 
right to reject any and all bids, and satisfying itself of the responsibility 
of all banks proposing to act as depositaries. Before any bank shall be 
designated as such depositary, it shall present to the school board a 
sealed proposal stating in writing what rate of interest will be paid for 
the deposit of such sinking funds, and shall submit to the board for its 
approval a bond payable to the special school district conditioned for 
the safe keeping and repayment of any funds deposited in such bank, 
which bond shall be signed by not less than three freeholders of this 
state as sureties or some surety bond company qualified to do business 
in this state, and such bond to be in the sum required by the school board 
and in no case to be less than double the probable amount of the funds 
to be deposited in such bank. The approval of such bond shall be endorsed 
thereon by the board and deposited with the county auditor, and any 
bank whose bond shall have been so approved shall thereupon be design- 
ated by the school board as a depositary for the sinking fund, and shall 
continue as such until such time as the board shall direct the withdrawal 
of such funds or until such funds are needed for the payment or the pur- 
chase of bonds as provided in this act. When the sinking fund of any 
special school district is deposited by the treasurer of the board of 
education of said school district in the name of the school district in such 
depositary, such treasurer and his sureties shall be exempt from all 
liability thereon by reason of loss of any such funds from the failure, 
bankruptcy or any other act of any such bank, to the extent only of such 
funds in the hands of such bank or banks at the time of such failure or 
bankruptcy. Such depositary shall furnish to the clerk of the board 
of education of such special school district prior to the fifth day of July 
of each year, a verified statement of the school district account with 
such depositary for the year ending June 30th, which statement shall 



86 GENERAL SCHOOL LAWS 



show a credit to such deposit account of all sums of interest accruing on 
the sinking fund deposited. 

3. The board of education of any special school district may buy and 
cancel the bonds of such district and pay for the same with the moneys 
in the sinking fund created to pay such bonds. 

4. In first mortgages on farm lands in this state only in the following 
manner, to-wit: 

(a) That said first mortgages and all of them shall run for a period 
of time not to exceed ten years and that the funds so invested shall bear 
interest at a rate not less than six per cent, per annum and such interest 
when paid shall be covered into and become a part of the said sinking 
fund. 

(b) First mortgage loans shall be made only upon cultivated lands 
within the state, and in no case on lands of which the appraised value 
is less than seven dollars and fifty cents per acre, and in sums not to ex- 
ceed forty per cent, of the appraised valuation of such lands. Such ap- 
praisement to be made by the school board of such special school district 
or by some competent person designated by them for that purpose. 

Sec. 1278. SATISFACTION AND FORECLOSURE OF MORT- 
GAGES.] All or any of said mortgages may be satisfied at any time 
after five years from the date when made on payment of the full amount 
due thereon, by any instrument in writing executed in the corporate 
name of the special school district which shall be the payee in all notes 
taken for loans as herein provided and the mortgage in all mortgages 
taken. Such instrument to be executed and acknowledged in the same 
manner as is or may be provided by law for the execution and acknowl- 
edgment of transfers of real estate by corporations. Such mortgages 
may be foreclosed by advertisement or an action in the name of the 
special school district in any court of competent jurisdiction as is now 
or may be provided by law. 

Sec. 1279. INTEREST COUPONS.] When the interest coupons of the 
bonds hereinbefore authorized shall become due they shall be promptly 
paid by the treasurer, upon presentation, out of any moneys in his hands 
collected for that purpose, and he shall indorse in red ink upon the face 
of such coupons the word "paid" and the date of payment and sign the 
initials of his name. 

Sec. 1280. SECURITY FOR PAYMENT OF BONDS.] The school 
fund and property of such school corporation and territory attached for 
such purposes is hereby pledged to the payment of the interest and prin- 
cipal of the bonds mentioned in this article as the same may become due. 

Sec. 1281. BOND REGISTER.] The clerk of the board of education 
shall register in a book provided for that purpose the bonds issued under 
this article, and all warrants issued by the board, which -register shall 
show the number, date and amount of such bonds and to whom payable. 

Sec. 1282. REFUNDING BONDS. ISSUANCE OF.] The board of 
education of any special or independent school district shall have power, 
whenever two-thirds of the members of such board shall deem it neces- 



STATE OF NORTH DAKOTA 87 



sary for the best interests of such school district, to issue bonds for the 
purpose of refunding any outstanding bonds when the same become due. 
Such bonds shall be issued in denominations of fifty dollars or some 
multiple of fifty, and shall not exceed in amount the face value of the 
bonds they are issued to replace, and shall not bear a higher rate of 
interest than five per cent, per annum, payable semi-annually on the first 
day of January and July of each year, nor run for a longer period than 
twenty years. 

Sec. 1283. BONDS MAY BE EXCHANGED.] Such refunding bonds 
may be exchanged at par for an equal amount of outstanding bonds or 
may be sold at not less than par value and the proceeds applied solely 
to the paj'ment of the bonds to be refunded, except that any premium 
that may be received on the sale of such bonds shall be kept as a separate 
fund and used for the payment of the interest on such bonds. 

Sec. 1284. ISSUE OF BONDS. HOW GOVERNED.] In the issuance 
of such refunding bonds the board of education shall be governed by the 
provisions of sections 1274 to 1280. 

Sec. 1285. SURPLUS FUNDS. HOW TRANSFERRED.] Any 
moneys remaining in the treasury of such school districts, appropriated 
or held for the purpose of paying such bonds so refunded, may, at the 
discretion of the board of education at any time within six months after 
such refunded bonds have been taken up and cancelled, be transferred to 
the building or contingent fund of such district. 

(g) Authority to Lease Buildings for School Purposes. (Chap. 138, 
p. 174, 1915.) 

Sec. 1. POWER TO LEASE BUILDINGS.] Whenever any board 
of education of any special school district, not having funds or credit 
available for construction or purchase, shall determine by resolution that 
additional school buildings or school rooms are necessary, and that it 
will be to the advantage of or for the best interests of the school district 
to rent such school buildings or school rooms and equipment, instead of 
buying or constructing the same, it may enter into a contract or lease 
for a term not to exceed twenty years, for the use of such building or 
buildings, to be constructed, rearranged and equipped for the use of the 
district, at a quarterly, semi-annual or annual rental to be stated therein. 

Sec. 2. PLANS AND SPECIFICATIONS.] In all cases wherein it 
shall appear that the annual rental of such rooms, building or buildings 
will exceed the sum of Three Hundred Dollars, the said board of educa- 
tion must first prepare or cause to be prepared, plans and specifications 
of such proposed school building or rooms to be approved by the city 
board of health, and the state superintendent of public instruction, and 
shall prepare or cause to be prepared the form or substance of the lease 
or contract to be entered into, and shall file copies of such proposed plans 
and specifications and lease or contract in the office of the clerk of the 
board of education, and at such other places as the board may by resolu- 
tion designate. Such lease or contract shall include or provide an option 



GENERAL SCHOOL LAWS 



or privilege on the part of the district to purchase, at a stipulated price, 
the property at any time during the term thereof in the manner provided 
by law for the purchase or erection of school buildings. 

Sec. 3. ADVERTISE FOR BIDS.] It shall then be the duty of the 
clerk of the board of education to advertise in not less than one, or more 
than three newspapers within such special school district, not less than 
once each week for three successive weeks, for bids for the construction, 
remodeling, providing or furnishing of such building or rooms and equip- 
ment, the advertisement to state where the plans and specifications and 
proposed lease may be inspected and the time and place where and the 
conditions under which the bids will be received and opened, and the bids 
to specify the rate or rental per annum for which the bidder will supply 
the required rooms or building and equipment, and enter into the re- 
quired contract. The board may reserve the right to accept or reject 
bids, and to require bidders to furnish bonds to insure their entering 
into the required contract and performing the same. 

Sec. 4. TAX LEVY.] At the time of opening such bids, or at any 
subsequent meeting within three months thereafter, the board may ac- 
cept the bid or bids appearing most advantageous to the district, and 
may enter into a contract as hereinbefore provided, for the providing of 
such building or rooms and equipment, and the rental and use thereof 
by the district. It shall then be the duty of the board forthwith, to levy 
a special tax against all the taxable property of the district, for a suffi- 
cient sum annually for the full term of such lease or contract, to cover 
the annual rental therein provided for, and such tax shall be certified, 
entered and collected in the same manner as taxes to meet bond issues, 
and shall not be diverted or used for any other purpose, nor be subject 
to revocation nor rescission while said contract is in force and eflfect. If 
such contract be terminated prior to the end of the term for which such 
tax levy is made, then it shall be the duty of the board to revoke or 
rescind such tax levy and to certify such rescission to the county auditor 
who will thereupon cancel the same for the unexpired term. 

Sec. 5. LEGAL CONSTRUCTION.] The contracting for the payment 
of future annual rental of such school rooms, or school building and 
equipment shall not be construed as creating an indebtedness on the part 
of the district, nor as increasing any pre-existing indebtedness, nor 
operate to prevent the district at any future time from using its limit 
of credit under the constitution to the same extent as if no such lease 
or contract were made. 

Sec. 6. ELECTION.] In case there should be filed with the clerk of 
the board of education, at any time prior to the opening of bids, or within 
ten days thereafter, a protest signed by not less than one-fourth of the 
legal voters of the district, protesting against the accepting of any bid, 
or the entering into any such contract, then it shall be the duty of the 
board to call and hold a special election upon the notice and in the man- 
ner provided by law for elections upon the question of issuing bonds, 
and shall submit to the qualified electors the question of approving or 



STATE OF NORTH DAKOTA 89 



disapproving the making of such contract, and if a majority of the 
electors voting at such election shall vote against the making of such 
contract, then no further proceedings shall be had for the same purpose 
until at some subsequent election a majority of the electors voting shall 
have signified their approval of the same. 

CITY OF RUGBY v. HENRY NELSON ET AL. 

1. ACTION AT LAW— SCHOOL DISTRICT— TREASURER— OF- 
FICIAL BOND— SURETIES— LOSS— DEPOSITARY— BANK— FAIL- 
URE OF— LIABILITY OF TREASURER— DEPOSITS— MADE UNDER 
ORDER OF BOARD.] Action of law to recover of the Rugby School 
District treasurer and sureties on his official bond for a balance of $2,521 
and interest, lost by the district through the failure of its depositary, 
the defunct First National Bank of Rugby. Held: That the treasurer in 
depositing the school funds therein upon order of the district board, and 
in compliance with the statutes, is not liable upon his official bond where 
the school funds are lost to the district. 

2. SCHOOL BOARD— DEPOSITARIES— DESIGNATION OF— DUTY 
AND PROVINCE— BONDS.] The designation of depositaries, and re- 
quiring of bonds from them, was the duty and province of the school 
board, not the treasurer. 

3. SCHOOL BOARD— COMPLIANCE WITH LAW— TREASURER- 
MAY ASSUME— DEPOSITS— BONDS.] Under the record the treasurer 
was justified in assuming that the board had complied with the law in the 
designating of depositaries, and had exacted sufficient depositary bonds. 

4. DESIGNATION OF DEPOSITARY— CONTINUES.] The original 
designation of depositaries in 1905 was sufficient to continue said bank 
as a legal depositary and without a redesignation in July, 1907. 

5. SINKING FUND— LOSS OF DEPOSIT— ORDER OF BOARD- 
MADE UNDER— BANK ONCE DESIGNATED— TREASURER— MAY 
PRESUME CONTINUANCE.] The loss arises principally from the de- 
posit of a sinking fund as to which the school board is empowered to 
order a deposit to be made in any depositary therefor, and, which 
depositary may be designated after advertisement and at any time. The 
treasurer had the right to rely upon the presumption that said bank had 
been designated as a depositary for such funds. 

6. SCHOOL TREASURER— CONTROL OF FUNDS— LIMITED- 
BOARD SELECTS DEPOSITARIES— SCHOOL FUNDS— AUTHORITY 
OVER— WITH SCHOOL BOARDS— TREASURER— NOT INSURER- 
EXONERATED.] School treasurers have not the control of the district 
funds except in a limited way for the purpose of depositing them in 
depositaries selected by the board. The authority over school funds is 
with the district board since the enactment of depositary statutes; and 
since which time the treasurer is no longer an insurer of the return of 
school funds to the district after their deposit as provided by law. The 
facts exonerate the treasurer and his bondsmen from liability. 33 N. D. 
462. (Opinion filed March 24, 1916.) 



90 GENERAL SCHOOL LAWS 



WEIDERHOLT ET AL, v. LISBON SPECIAL SCHOOL DISTRICT 
NO. 19 ET AL. 

1. In an action brought by citizens and taxpayers residing within an 
area affected by the proceedings of a board of directors of a special 
school district annexing territory to the district, it is held: 

That a complaint which alleges the none?;istence of facts required to 
give the school board authority to enlarge the district states a cause of 
action. 

2. The legality of proceedings of a school board in re-forming a dis- 
trict by adding territory thereto, which could have been tested at the 
common law by a writ of quo warranto or by infonnation in the nature 
of quo warranto, may be tested in this state by a civil action in the dis- 
trict court under section 7969 of the Compiled Laws of 1913. 169 N. 
W. 809. 

THE RED RIVER VALLEY BRICK COMPANY v. THE CITY OF 
GRAND FORKS. 

6. SCHOOL DISTRICT — TOWNSHIP — INTEREST— MAINTAIN 
ACTION.] A school district and a township have sufficient interest in 
a change of a part of the territory included therein from the school dis- 
trict into the adjacent city district, and from the to^viiship into the ad- 
jacent city, by means of which the taxable real estate in such tovniship 
and district would be greatly lessened and the rate of taxation materially 
increased, to qualify them to maintain an action to test the validity of 
the annexation proceedings. 

9. CITY— ANNEXATION OF ADJACENT TERRITORY— EXTRA- 
ORDINARY POWER— STATUTE— COMPLIANCE WITH.] The statute 
referred to, and providing for the annexation of adjacent territory to 
an incorporated city, must be strictly construed under the doctrine of 
Stern v. Fargo, 18 N. D., 289, 26 L. R. A. (N. S.) 665, 122 N. W. 403, 
and because, if valid, it grants cities most extraordinary power by per- 
mitting them to annex territory in direct opposition to the wishes and 
pi-otests of all the people whose interests are to be affected, and because 
this power is only granted upon a condition precedent that the statute 
shall be complied with. 27 N. D. 8. (Opinion filed February 5, 1914.) 

GREENFIELD SCHOOL DISTRICT ET AL. v. HANNAFORD 
SPECIAL SCHOOL DISTRICT ET AL. 

1. SCHOOLS AND SCHOOL DISTRICTS— ANNEXATION OF AD- 
JACENT TERRITORY— COLLATERAL ATTACK— ACQUIESCENCE 
—PRESUMPTION AS TO OFFICIAL DUTY.] The Board of Education 
of Hannaford special school district, having, under Section 949, Rev. 
Codes 1905, annexed adjacent territory to said special school district 
for school purposes, upon application in writing signed by fourteen 
voters of such adjacent territory, held, under the facts in this case, that 
the question as to whether said application was sighed by a majority of 



STATE OF NORTH DAKOTA 91 

the voters of such adjacent territory is not open to attack at this time. 
Held, further, the board of education having made the order for an- 
nexatioi^ of such adjacent ten-itory, it is presumed that the board did 
everything which the statute in question required it to do before it made 
that order. The presumption is that public officials do as the law and 
their duty require them. 

2. SCHOOLS AND SCHOOL DISTRICTS— ESTOPPEL— VALIDITY 
ACQUIESCED IN.] Under the facts stated in the opinion, held, that the 
plaintiffs are estopped from questioning the validity of the proceedings 
of the board of education in annexing adjacent territory to Hannaford 
special school district. 20 N. D. 394. (Opinion filed June 20, 1910.) 

SCHOOL DISTRICT NO. 94, A CORPORATION, v. C. M. 
THOMPSON, ET AL. 

1. SPECIAL SCHOOL DISTRICT— OFFICERS— ANNEXATION OF 
TERRITORY — INJUNCTION — INDEBTEDNESS — DEBT LIMIT- 
CONSTITUTION— ISSUES FOR TRIAL— PETITIONERS— RESIDENTS 
—SCHOOL VOTERS OF TERRITORY.] Plaintiff seeks to perpetually 
enjoin defendants, as officers of a special school district, from annexing 
certain adjacent territory to such district for school purposes, under Sec. 
133, chap. 266, Laws of 1911, alleging as grounds for such relief that the 
special district had unlawfully incurred an indebtedness exceeding the 
constitutional debt limit, and also that the petition for such annexation 
was not signed by qualified school voters in such adjacent territory. 
HELD, that the first ground alleged is of no avail, it being wholly im- 
material under such statute. HELD, further, that the sole issue for 
trial under the pleadings is whether the signers of the petition were in 
fact residents and school voters in such adjacent territory, and on trial 
de novo the trial court's finding thereon in defendants' favor is adopted 
by this court. 

2. PETITION FOR ANNEXATION— ADJACENT TERRITORY- 
FACTS SET FORTH — JURISDICTIONAL PREREQUISITES — 
BOARD TO DETERMINE— BEFORE ACTING.] The petition for the 
annexation of adjacent territory to a special district for school purposes 
need not set forth all the facts, the existence of which is required by the 
statute to authorize the board to act. It is for the board of the special 
district to determine, before allowing such petition, whether the juris- 
dictional prerequisites in fact exist authorizing it to grant the prayer 
of the petitioners. 

3. PETITIONERS— REAL PROPERTY— OWNERS— IMMATERIAL 
—SCHOOL VOTERS ONLY.] The fact that the petitioners were not ' 
owners of the real property sought to be annexed is not material,, the 
statute merely requiring that they be school voters in such adjacent ter- 
ritory. Nor does the fact that such petitioners contemplated a removal 
from such lands at a future time, disqualify them from acting while they 
remained such voters. 

4. PETITION— NOTICE OF HEARING— PUBLISHED— POSTING.] 



92 GENERAL SCHOOL LAWS 



Appellant's contention that the notice of hearing on such petition was not 
published as required by Sec. 133, supra, held untenable. One publica- 
tion of such notice in the nearest newspaper fourteen days prior to the 
hearing, and posting the same in the manner prescribed in the above 
section, is all that was contemplated by the legislature. 27 N. D. 459. 
(Opinion filed April 6, 1914. On petition for rehearing April 14, 1914.) 

STATE EX REL. NICHOLSON v. FERGUSON ET AL. AS BOARD OF 
COUNTY COMMISSIONERS. 

In 1883 congressional township 146 north of range 56 west in Foster 
county was organized into a common-school district. In 1900 the city 
of Carrington was incorporated, embracing all of section 19 in said town- 
ship. In 1902 pursuant to a petition, notice, etc., an election was held 
in such school district, for the purpose of organizing the same into a 
special school district, which proposition carried by practically a un- 
animous vote, and ever since the date of such election the inhabitants 
of such township have recognized such special school district corpora- 
tion, and such corporation has regularly elected its officers, levied taxes, 
issued bonds and expended large sums for educational purposes. In 1906 
such congressional township, with the exception of section 19, was 
organized as a civil township. Thereafter, and in September, 1907, the 
resident electors and taxpayers of such civil township petitioned the 
board of county commissioners and the superintendent of schools to 
segregate the territory embraced in such civil township from the school 
district aforesaid, and to organize therein a distinct school district. Such 
petition was denied, and relators seek by mandamus to compel com- 
pliance therewith by the officers aforesaid. Held: — 

1. MANDAMUS— INQUIRY INTO DUE ORGANIZATION OF SCHOOL 
DISTRICT.] That such special school district it at least a de facto school 
corporation, and its due organization will not be inquired into in a man- 
damus proceeding. 

2. PETITION FOR ORGANIZATION OF SCHOOL DISTRICT.] That 
the territory which relators seek to have segregated and organized into 
a distinct school district being embraced within such special school dis- 
trict, Sec. 949, Rev. Codes, 1905, is controlling. This section provides 
"that the county commissioners shall detach any part of such adjacent 
territory which is at a greater distance than 3 miles from the central 
school in such special district, and attach to any adjacent school or 
special district or districts upon petition to do so, signed by three fourths 
of the legal voters of such adjacent territory." 

The relators were therefore not entitled to the relief prayed for, and 
the district court properly quashed the writ. 23 N. D. 153. (Opinion 
filed January 29, 1912.) Rehearing denied February 27, 1912. 

STATE EX REL. vs. SCHOOL DISTRICT NO. 21. 

SPECIAL SCHOOL DISTRICTS— EQUALIZATION OF INTERESTS.] 
Where a school district is divided, by the organization of a city or incor- 



STATE OF NORTH DAKOTA 93 



porated town or village situated within said district, into a special school 
district, under the provisions of Chapter 62 of the laws of 1890, the board 
of arbitration provided for by said chapter to equalize the interest of said 
districts must take into consideration the school building owned by the 
original district, and adjust the rights of the respective districts con- 
cerning the same. 6 N. D. 488. (Opinion filed May 27, 1897.) 



ARTICLE 12. INDEPENDENT SCHOOL DISTRICTS 

(a) How Formed. 

Sec. 1286. HOW ORGANIZED.] Any city heretofore organized for 
school purposes under a special law and provided with a board of educa- 
tion may become incorporated as an independent school district under 
the provisions of this article in the manner following: Whenever one- 
eighth of the legal voters of such city voting at the preceding municipal 
election shall petition the mayor and council thereof to submit the ques- 
tion as to whether such city shall establish an independent school dis- 
trict under this article to a vote of the electors in such city it shall be 
the duty of such mayor and council to submit such question accordingly 
and to appoint a time and place or places at which such vote may be 
taken and to designate the persons who shall act as judges at such elec- 
tion, but such question shall not be submitted oftener than once in two 
years. 

Sec. 1287. NOTICE OF ELECTION.] The mayor of such city shall 
cause at least fourteen days' notice of such election to be given by pub- 
lishing a notice thereof in one or more newspapers within such city, but 
if no newspaper is published therein, then by posting at least five copies 
of such notice in each ward or voting precinct. 

Sec. 1288. FORM OF BALLOTS. RETURNS.] The ballot to be used 
at such election shall be in the following form: "For establishing an in- 
dependent school district," or "against establishing an independent 
school district." The judges of such election shall make returns thereof 
to the city council whose duty it shall be to canvass such returns and 
cause the result of such canvass to be entered upon the records of such 
citv. If a majority of the votes cast at such election shall be for es- 
tablishing an independent school district, such independent school dis- 
trict shall henceforth be deemed to be organized under this article and 
the board of education then in office shall thereupon exercise the powers 
conferred upon the officers in this article until their successors are 
elected and qualified. 

Sec. 1289. BOUNDARIES.] All that portion included within the cor- 
porate limits of any city, together with the additions that are now or 
may be hereafter attached to such city limits shall be constituted and 
established an independent school district to be designated as the "In- 
dependent School District of the City of " and a board 

of education is hereby established for the same. 

(b) Election of Members and Organization of Board. 



94 GENERAL SCHOOL LAWS 



Sec. 1290. MEMBERS OF THE BOARD. HOW ELECTED. QUORUM 
AND TERM OF OFFICE.] Such, board shall consist of one member 
from each ward in the city, and when the city is divided into an even 
number of wards then such city shall elect one member of such board 
at large, and when such city is divided into an odd number of wards such 
city shall elect two members of such board at large. Such members 
shall hold their office for the term of three years and until their succes- 
sors are elected and qualified^ Provided, that at the first election in 
independent districts hereafter organized members from even numbered 
wards shall be elected for a term of one year; and members from odd 
numbered wards for a term of two years; and members at large shall 
be elected for a term of three years. Provided, further, that in such 
cities as have been heretofore organized independent school districts 
that the term of office of members at large elected in 1912 shall be three 
years; that the term of office for members of said board from even num- 
bered wards elected in 1912 be extended to two years from the date of 
their election; that the term of office of the members elected from odd 
numbered wards in 1911 shall remain two years, and that thereafter the 
term of office for all members shall be three years. A majority of said 
board shall constitute a quorum. 

Sec. 1291. DATE OF ELECTION. CANVASS OF VOTES.] The elec- 
tion referred to in the foregoing shall be held on the third Monday in 
April of each year, at the usual polling place for municipal elections in 
each ward. The mayor shall have authority and is hereby empowered to 
appoint two judges and one clerk for each election, who shall open the 
polls at the hour of eleven o'clock in the forenoon and hold the same 
open until five o'clock in the afternoon of the same day. Such elections 
shall be conducted in all respects and the polls closed and votes can- 
vassed in the same manner as municipal elections, and the judges shall 
have the same power and authority in all respects as the judges of elec- 
tions for municipal officers, and after the votes are canvassed the judges 
shall make their returns to the city clerk or auditor, as the case may be, 
within twenty-four hours after the polls are closed and the city council 
shall canvass such returns and declare the result within three days 
thereafter, which result shall be entered upon the records of the city, 
and it shall be the duty of the city clerk or auditor to issue certificates 
of election to the persons declared elected. The judges and clerks of 
election shall receive the same compensation for their services as at 
municipal elections for mayor and aldermen. 

Sec. 1292. VACANCIES, HOW FILLED.] If any vacancy occurs in 
the board for any cause, the remaining members thereof shall fill such 
vacancy by appointment until the next annual election, and at such 
election a new member shall be elected to fill the unexpired term. 

Sec. 1293. STYLE AND POWERS OF BOARD.] The board so elected 
shall be a body corporate in relation to all the power and duties con- 
ferred upon it by this article and shall be styled "The Board of Educa- 
tion of the Independent School District of the City of 



STATE OP NORTH DAKOTA 95 



(here insert the name of the city,)" and as such shall have the power 
to sue and to be sued, contract and be contracted with, and shall possess 
all the powers usual and incident to such bodies corporate, and such as 
shall be herein given, and shall procure and keep a corporate seal. At 
each annual meeting of the board the members thereof shall elect one of 
their number president of the board, and when he is absent a president 
pro tempore shall be appointed, who shall preside during such absence. 
The members so elected shall each qualify by taking the prescribed oath 
of office within ten days after receiving their certificates of election, and 
shall assume the duties of their office at the annual meeting of the board 
held on the first Tuesday in May of each year. 

Sec. 1294. RESPONSIBILITY OP BOARD.] The members of the board 
shall receive no compensation, nor be interested directly or indirectly 
in any contract for building or making any improvements or repairs 
provided by this chapter. They shall have the care and custody of all 
public property in such district pertaining to school purposes and the 
general management and control of all school matters. 

Sec. 1295. MEETINGS OP BOARD.] The regular meetings of the 
board shall be held on the first Tuesday of each month, and the board 
may hold special meetings upon notice. The regular meeting may be 
adjourned for any time shorter than one month. Special meetings may 
be called by the president or in case of his absence or inability to act, 
by any three members of the board as n^^f^-n as necessary by giving a 
personal notice in writing to each member of the board or by causing 
such notice to be left at his place of residence at least forty-eight hours 
before the hour of such special meeting. 

Sec. 1296. SECRETARY, DUTIES OP.] Such board shall appoint a 
secretary, who shall hold his office during the pleasure of the board and 
whose compensation shall be fixed by the board. The secretary shall 
keep a record of the proceedings of the board and perform such other 
duties as the board may prescribe. Such record, or a transcript thereof, 
certified by the secretary and attested by the seal of the board, shall be 
received in all courts as prima facie evidence of the facts therein set 
forth; and such records and all the books, accounts, vouchers and papers 
of the board shall at all times be subject to inspection by the members 
of such board or anj^ committee thereof, or by any taxpayer of the dis- 
trict. For the purpose of economy the board may, if deemed advisable, 
appoint one of its own members secretary. The annual report of the 
secretary shall contain such items as may be required by the super- 
indendent of public instruction. 

(c) Powers and Duties of the Board in Independent Disti'icts. 

Sec. 1297. GENERAL POWERS.] The board shall have power and it 
shall be its duty: 

1. To organize and establish such schools in the district as it shall 
deem requisite and expedient, and to change and discontinue the same. 

2. To purchase, sell, exchange and lease school houses and rooms, lots 
or sites for school houses, and to fence and improve the same. 



96 GENERAL SCHOOL LAWS 



3. To build, enlarge, alter. Improve or repair school houses, outhouses 
and appurtenances as it may deem advisable upon lots and sites owned 
by the district. 

4. To purchase, sell, exchange, improve and repair school apparatus, 
books for indigent pupils, furniture and appendages and provide fuel for 
schools. 

5. To have the custody and safe keeping of the school houses, out- 
houses, books, furniture and appurtenances, and to see that the or- 
dinances of the city council in relation thereto are observed. 

6. To contract with and employ a superintendent and all teachers in 
such schools for a period not to exceed three years, and remove them at 
pleasure. 

7. To pay the salaries of such teachers out of the money appropriated 
and provided by law for the support of common schools in such district, 
so far as the same shall be sufficient, and the residue thereof from the 
money authorized to be raised by this article. 

8. To defray the necessary and contingent expenses of the board, in- 
cluding the compensation of the secretary. 

9. To have in all respects the superintendence, supervision and man- 
agement of the public schools of such district and from time to time 
to adopt, alter, modify and repeal, as they may deem expedient, rules and 
regulations for their organization, grading, government and instruction, 
for the reception of pupils and their transfer from one school to another, 
for the suspension and expulsion of pupils subject to the same restric- 
tions as are contained in sub-division 11 of section 1251, and generally 
for their good order, prosperity and utility. 

10. To prepare and report to the city council of the city such or- 
dinances and regulations as may be necessary and proper for the pro- 
tection, safe keeping, care and preservation of school houses, lots and 
site and appurtenances and all the property belonging to the district con- 
nected with or appertaining to the schools within the city limits, and to 
suggest proper penalties for the violation of such ordinances and regula- 
tions, and annually, on or before the first Monday in July, to determine 
and certify to the county auditor the rate of taxation in its opinion nec- 
essary and proper to be levied under the provisions of this article, for 
the year commencing on the first day of July thereafter, and also at any 
time to determine how many and what denomination of bonds shall be 
issued and sold to pay the extraordinary outlays required. 

Sec. 1298. POWERS OF BOARD.] The board shall have power and it 
shall be its duty to levy and raise from time to time, by tax, such sums 
as may be determined by the board to be necessary and proper for any 
of the following purposes: 

1. To purchase, exchange, lease or improve sites for school houses. 

2. To build, purchase, lease, enlarge, alter, improve and repair school 
houses and their outhouses and appurtenances. 

3. To purchase, exchange, improve and repair school apparatus, books, 
furniture and appendages. 



STATE OF NORTH DAKOTA 97 

4. To procure fuel, to pay janitors and defray the contingent expenses 
of the board, including the expenses of the secretary. 

5. To pay teachers' salaries after the apportionment of public moneys 
which may be by law appropriated and provided for that purpose. 

Sec. 1299. VISITING SCHOOLS.] Each member of the board shall 
visit all the public schools in the district at least twice in each year of 
his official term, and the board shall provide that each of the schools 
shall be visited by a committee of three or more of their number at least 
once during such term. 

Sec. 1300. NON-RESIDENT PUPILS.] Such board of education shall 
have power to allow the children not resident in such district to attend 
the schools of such district under the control and care of such board, 
upon such terms as the board shall prescribe, fixing the tuition which 
shall be paid therefore. 

Sec. 1301. COLLECTION OF TAX.] The tax to be levied and collected 
as aforesaid by virtue of this article shall be collected in the same 
manner as other county taxes, and for that purpose the board of educa- 
tion shall have power to levy and cause to be collected such taxes as 
are herein authorized, and shall cause the amount for each purpose to be 
certified by the secretary to the county auditor in time to be added to 
and put upon the annual tax list of the county. And it shall be the duty 
of the county auditor to calculate and extend upon the annual assess- 
ment roll and tax list the tax so levied by such board, and such tax shall 
be collected as other county taxes are collected. 

Sec. 1302. AMOUNT OF TAX LIMITED.] The amount raised for 
teachers' salaries and contingent expenses shall be only such as together 
with the public moneys coming to such district from the state and 
county fund ant< other sources shall be sufficient to maintain efficient 
and proper schools in such district. The taxes for the purchasing, leas- 
ing or improving of sites, and the building, purchasing, leasing, enlarging, 
altering or repairing of school^ houses shall not exceed in any year 
twenty mills on the dollar, of the assessed valuation of taxable property 
of the district, and the board of education is authorized and directed, 
when necessary, to borrow in anticipation, the amount of the taxes to be 
raised, levied and collected as aforesaid. 

(d) Bonds and Bonding of Independent Districts. 

Sec. 1303. AUTHORITY TO ISSUE.] The board of education of such 
district is authorized and empowered, and it is its duty whenever the 
boards deems it necessary for the efficient organization and establishment 
of schools, including the purchase of school sites and the construction 
and furnishing of school houses, in such district, and when the taxes 
authorized by this article shall not be sufficient or shall be deemed by 
the board to be burdensome upon the taxpayers of the district, from time 
to time to issue bonds of the district in the denomination of fifty dollars 
or some multiple of fifty, payable at a time not to exceed twenty-five 
years after date and bearing interest at a rate not to exceed five per cent. 
per annum, payable semi-annually on the first day of January and July 



GENERAL SCHOOL LAWS 



of each year; and to show upon their face that they are issued for the 
purpose of building or furnishing a school house or school houses, pur- 
chasing grounds on which to locate the same, or to fund any outstanding 
indebtedness, or for the purpose of taking up any outstanding bonds; and 
the said board of education is authorized to cause the same to be sold at 
not less than par value, and the money realized therefrom deposited 
with the city treasurer to the credit of such board of education; and when 
any bonds shall be so negotiated it shall be the duty of the board to pro- 
vide by tax for the payment of the principal and interest of such bonds; 
provided, that at no time shall the aggregate amount of such bonds, in- 
cluding all other indebtedness, exceed fifty mills on the dollar of valua- 
tion of the taxable property of such district, to be determined by the last 
city assessment. 

Sec. 1304. MONEYS PAID TO CITY TREASURER.] All moneys 
raised pursuant to the provisions of this article and all moneys which 
shall by law be appropriated to or provided for such district, shall be 
paid over to the city treasurer of the city, and the county treasurer shall 
from time to time as he shall receive the county school funds, and at 
least once in each month, on the first Monday thereof, pay over to such 
city treasurer the proportion thereof belonging to such district; and for 
that purpose the board shall have the power to cause all needful steps 
to be taken including census reports or other acts or things, to enable 
such board to receive the school money belonging to such district, as 
fully and completely as though such district formed one of the school 
districts of the county where the same may be situated. 

Sec. 1305. BOND OF TREASURER.] The city treasurer of such city 
shall give a bond to such board of education in such sum as the board 
shall from time to time require, with two or more sureties to be approved 
by the board, conditioned for the safe keeping of the school funds, which 
shall be in addition to his other bond; and such treasurer and the sure- 
ties upon such bond shall be accountable to the board for the moneys 
that come into his hands, and in case of failure of such treasurer to give 
such bond when required by the board, or within ten days thereafter, his 
office shall become vacant and the city council shall appoint another 
person in his place. 

Sec. 1306. SCHOOL FUNDS, HOW KEPT AND PAID OUT.] All 
moneys required to be raised by virtue of this article shall be paid in 
cash or in warrants hereinafter provided, drawn on the school fund only, 
and such moneys and all moneys received by such district for the use of 
the common schools therein shall be deposited for safe keeping with such 
city auditor to the credit of the board of education, and shall by him 
be safely kept separate and apart from any other funds until drawn 
from the treasury as herein provided. Such treasurer shall pay out the 
moneys authorized by this article only upon warrants drawn by the 
president, countersigned by the secretary and attested by the seal of 
such board of education. 

Sec. 1307. INVESTMENT OF SINKING FUNDS, SCHOOL DISTRICTS.] 
All moneys raised for the purpose of creating a sinking fund for the 



STATE OF NORTH DAKOTA 99 



final redemption of all bonds issued under article 71 of Chapter 9 of the 
Civil Code of the state shall be invested annually by the board of educa- 
tion of any independent school district in this state as follows, viz: 

1. In the bonds of this state or of the United States. 

2. An independent school district board may designate one or more 
national or state banks in the county where such independent school dis- 
trict is situated, as a depositary for such sinking fund, and in such case 
the school board shall advertise for at least fourteen days in some news- 
paper printed within the limits of said independent school district, if 
there be one, if not, in the county where said school district is situated, 
for sealed proposals for the deposit of the sinking fund of such school 
district, reserving the right to reject any and all bids and satisfying it- 
self of the responsibility of all banks proposing to act as depositaries. 
Before any bank shall be designated as such depositary it shall present 
to the school board a sealed proposal stating in writing what rate of in- 
terest will be paid for the deposit of such sinking funds and shall sub- 
mit to the board for its approval a bond payable to the independent 
school district conditioned for the safe keeping and repayment of any 
funds deposited in such bank, which bond shall be signed by not less 
than three freeholders' of this state as sureties or some surety bond com- 
pany qualified to do business in this state, and such bond to be in the 
sum required by the school board and in no case to be less than double 
the probable amount of the funds to be deposited in such bank. The ap- 
proval of such bond shall be endorsed thereon by the board and deposited 
with the county auditor, and any bank whose bond shall have been so 
approved shall thereupon be designated by the school board as a deposi- 
tary for the sinking fund, and shall continue as such until such time as 
the board shall direct the withdrawal of such funds or until such funds 
are needed for the payment or the purchase of bonds as provided in this 
act. "When the sinking fund of any independent school district is de- 
posited by the treasurer of the board of education of said school district 
in the name of the school district in such depositary such treasurer and 
his sureties shall be exempt from all liability thereon by reason of loss 
of any such funds from the failure, bankruptcy or any other act of any 
such bank to the extent only of such funds in the hands of such bank or 
banks at the time of such failure or bankruptcy. Such depositary shall 
furnish to the clerk of the board of education of such independent school 
district prior to the fifth day of July of each year, a verified statement of 
the school district account with such depositary for the year ending June 
30, which statement shall show a credit to such deposit account of all 
sums of interest accruing on the sinking fund deposited. 

3. The board of education of any independent school district may buy 
and cancel the bonds of such district and pay for the same with the 
moneys in the sinking fund created to pay such bonds. 

(e) Management of Revenues and Property. 

Sec. 1308. EXPENDITURES NOT TO EXCEED REVENUES.] It 
shall be the duty of the board in all of its expenditures and contracts to 
have reference to the amount of money which shall be subject to its order 



100 GENERAL SCHOOL LAWS 

during the cui'rent year for the particular expenditures in question and 
not to exceed that amount. 

Sec. 1309. TITLE TO PROPERTY OF DISTRICT.] The title of all 
property belonging: to any such independent school district shall be 
vested in such district for the use of the schools, and the same while used 
and appropriated foij school purposes shall not be levied upon or sold 
by virtue of any warrant or execution or other process, nor be subject to 
any judgment or mechanic's lien or taxation for any purpose whatever; 
and the district in its corporate capacity may take, hold and dispose of 
any real and personal property transferred to it by gift, grant, bequest 
or devise for the use of the common schools for the district, whether the 
same is transferred in terms of such district by its proper name or to 
any person or body for the use of such schools. 

Sec. 1310. TITLE, HOW CONVEYED.] Whenever any property is 
purchased by the board a conveyance thereof shall be taken in the name 
of such district; and whenever any sale of such property is made by the 
board, a resolution in favor of such sale shall first be adopted and spread 
upon the records of the board, and the conveyance of such property shall 
be executed in the name of such district by the president of the board 
attested by the secretary under the seal thereof, and acknowledged by 
such officers. Such president and secretary shall have authority to ex- 
ecute conveyances as aforesaid with or without covenants of warranty 
on behalf of the district. 

Sec. 1311. REPORT OF CITY TREASURER.] It shall be the duty 
of the city treasurer at least fifteen days before the annual election for 
members of such board and as often as called upon by the board, to pre- 
.pare and report to such board a true and correct statement "of the re- 
ceipts and disbursements of moneys under and pursuant to the provi- 
sions of this article, during the preceding year, which statement shall 
set forth under appropriate head: 

1. The money raised by the board under section 1298. 

2. The school money received from the county treasurer. 

3. The money received under section 1303, 

4. All money received by the city treasurer, subject to the order of 
the boai'd, specifying the sources fi'om which it accrued. 

5. The manner in which all money has been expended, specifying the 
amount under each head of expenditures and the board shall at least 
one week before such election, cause such statement to be published in 
all the newspapers of the city which will publish the same gratuitously. _ 

Sec. 1312. NEW DISTRICT TO ASSUME DEBTS OF OLD.] School 
districts created imder the provisions of this article shall assume all 
obligations and liabilities incurred by the districts out of which they 
are foi-med, if old districts are not divided, and a proportionate part if 
divided. 

Sec. 1313. FORFEIT FOR REFUSAL TO SERVE AS MEMBER OF 
BOARD.] It shall be the duty of the clerk of said school board imme- 



STATE OP NORTH DAKOTA 101 



diately after the election of any person as a member thereof, personally 
or in writing, to notify him of his election, and if any person shall not 
within ten days after receiving such notice of election, take and sub- 
scribe the oath as herein provided and file the same v^ith the city auditor, 
the board may consider it as a refusal to serve, and fill the vacancy thus 
occasioned, and the person so refusing shall forfeit and pay to the city 
treasurer for the benefit of the schools of such district a penalty of fifty 
dollars, which may be recovered in the name of such city by a civil 
action. 

Sec. 1314. CITY COUNCIL TO PASS CERTAIN ORDINANCES.] 
The city council shall have the power and it shall be its duty to pass 
such ordinances and regulations as the board of education may recom- 
mend as necessary for the protection, preservation, safe keeping and 
care of the school houses, lots, sites, appurtenances, libraries, and- all 
necessary property belonging to or connected with the schools of the 
city, and to provide proper penalties foij the violation thereof, and all 
penalties shall be collected in the same manner that the penalties for 
violation of city ordinances are collected, and when collected shall be 
paid to the city treasurer and placed to the credit of the board of educa- 
tion, and shall be subject to its order as herein provided. 

ARTICLE 13. BOARD OF EDUCATION IN CERTAIN CITIES. 

Sec. 1315. BOARDS TO BE ELECTED AT LARGE.] In each city not 
organized under the general law there shall be a board of education con- 
sisting of seven members having the qualifications of electors who shall 
be elected at large by the electors of such city qualified to vote at school 
elections; and, except as may be otherwise provided herein for the first 
election, two members of such board shall be elected annually and three 
triennially at a special election to be held on the Tuesday after the first 
Monday in June; provided, that the provisions of this article shall not 
apply to cities existing under a special act or which are now under the 
general school laws. 

Sec. 1316. TERM OF OFFICE.] The term of office of a member of 
the board of education, except as in this article otherwise provided, shall 
be three years and until his successor is elected and qualified. 

Sec. 1317. ELECTIONS.] All elections under the provisions of this 
article shall be called, conducted and the votes canvassed and returned 
in the manner provided by law for general city elections. 

Sec. 1318. RELATIVES NOT ELIGIBLE AS TEACHERS.] No son, 
wife or daughter of any member of the school board shall be eligible to 
a position as a teacher in the schools of the district which such member 
represents except upon the consent of all the members of such board. 

Sec. 1319. INDEPENDENT SCHOOL ORGANIZATIONS UNDER 
SPECIAL LAWS ABOLISHED.] Any independent school district or- 
ganized for school purposes under a special law, which does not include 
or is not included in any city or incorporated town or village organized 
for municipal purposes, shall become a part of the school district in 



102 GENERAL SCHOOL LAWS 



which it is located by the repeal of the special law organizing or govern- 
ing such independent district. Any independent disti'ict organized for 
school purposes under a special law or under any other law than is con- 
tained in this chapter which includes or is included in any city or incor- 
porated town or village organized for municipal purposes, shall become 
a special district by the repeal of the special law organizing or govern- 
ing such independent school district. Any school district or special dis- 
trict so constituted or constituted in part shall be governed by the pro- 
visions of this chapter: provided, that nothing herein shall prevent any 
such independent district from coming under the operation of this chap- 
ter in the manner therein provided. 

Sec. 1320. OLD SCHOOL OFFICERS HOLD OVER.] The board of 
education or other governing board of such independent district shall 
continue to exercise the powers and duties devolving upon it under the 
pi'ovisions of such special or other law governing such special in- 
dependent district, the same as though such hiw had not been repealed, 
until the second Tuesday in July following the repeal of such special 
or other law; provided, that all that portion of the general school laws 
which provides for an annual school election shall apply to such in- 
dependent district and shall be in full force and effect for the purpose 
of electing school officers at such annual election; and such officers shall 
be elected in and for the whole school district, including the independent 
district or portion of such independent district located therein, or in and 
for the special district, the same as though no law had ever existed pro- 
viding for the organization of such independent district; provided, fur- 
ther, that in a special district formed and created as herein provided, a 
full board of education shall be elected as provided by law for first 
elections, but in school districts formed as herein provided by the addi- 
tion of such independent district or portion thereof there shall be elected 
only such officers as are required to fill the regular vacancies in the 
school offices of such school district heretofore organized. 

Sec. 1321. DEBTS AND ASSETS DETERMINED BY ARBITRA- 
TION.] When the boundaries of such school dista-ict shall have been 
arranged as contemplated in this article, the determination and division 
of consolidation of all debts, property and assets of the several portions 
of such district or districts so consolidated shall be made by arbitration 
as provided by law. 



CHAPTER 4— MISCELLANEOUS REQUIREMENTS 
AFFECTING SCHOOL ADMINISTRATION 

ARTICLE 14. FINES, FORFEITURES AND PENALTIES 

Sec. 1347. PENALTY FOR NEGLECT OF DUTY BY SCHOOL 
DIRECTOR, TREASURER OR CLERK.] Each person duly elected to 
any school district office, who, having entered upon the duties of his 
office, shall neglect or refuse to perform any duties required of him by 



STATE OF NORTH DAKOTA 103 



the provisions of this chapter, shall upon conviction be fined in the sum 
of ten dollars and his office shall be deemed vacant. 

Sec. 1348. PENALTY FOR FALSE ELECTION RETURNS.] Any 
judge or clerk of election, school district clerk or county auditor who 
wilfully violates the provisions of this chapter in relation to elections 
or who wilfully makes a false return shall upon conviction be deemed 
guilty of a felony. 

Sec. 1349. SPECULATION IN OFFICE PROHIBITED.] No school 
officer shall personally engage in the purchase of any school bonds or 
warrants nor shall any such officer be personally interested in any con- 
tract requiring the expenditure of school funds except for the purchase 
of fuel and the procuring of insurance and such supplies as are in daily 
use, but not including furniture, or the expenditure of funds appropriated 
by the state, county, school corporation or otherwise, for any special 
purpose connected with his office. Any violation of this section shall be 
a misdemeanor. 

Sec. 1350. PENALTIES FOR UNLAWFUL DRAWINGS OF SCHOOL 
MONEY.] Any person who draws money from the county treasury, 
who is not at the time a duly qualified tr6asurer of the school corpora- 
tion for which he draws the money and authorized to act as such, shall 
be guilty of a misdemeanor and shall upon conviction thereof be punished 
by a fine not less than twenty-five dollars. 

Sec. 1351. USE OF SCHOOL FUNDS. WHEN EMBEZZLEMENT.] 
Each treasurer who shall loan any portion of the money in his hands be- 
longing to any school district, whether for consideration or not, or who 
shall expend any portion thereof for his own or any other person's 
private use, is guilty of embezzlement, and no such treasurer shall pay 
over or deliver the school money in his hands to any officer or person 
or to any committee to be expended by him or them; but all public 
funds shall be paid out only by the proper treasurer as hereinbefore 
provided. 

Sec. 1352. ACTION TO RECOVER MONEY WHEN TREASURER 
FAILS TO PAY OVER.] If any person shall refuse or neglect to pay 
over any money in his hands as treasurer of a school district to his suc- 
cessor in office, his successor must, without delay, bring action upon the 
official bond of such treasurer for the recovery of such money. 

Sec. 1353. PENALTY. WHEN INDORSEMENT OF UNPAID WAR- 
RANTS IS NOT MADE.] Any violation by a district treasurer of the 
provisions of this chapter requiring indorsement of warrants not paid 
for want of funds, and the payment thereof in the order of presentation 
and indorsement is a misdemeanor punishable by a fine not exceeding 
one hundred dollars. 

Sec. 1354. PENALTY FOR FALSE REPORTS.] Each school officer 
who wilfully signs or transmits a false report to the county superinten- 
dent or wilfully signs, issues or publishes a false statement of facts pur- 
porting or appearing to be based upon the books, accounts or records, 
or of the affairs, resources and credit of the district shall upon convic- 



104 GENERAL SCHOOL LAWS 



tion be punished by a fine not exceeding fifty dollars or by imprisonment 
in the county jail not exceeding fifteen days. 

Sec. 1355. PENALTY FOR WILFUL DISTURBANCE OF SCHOOL.] 
Each person, whether pupil or not, who wilfully molests or disturbs a 
public school when in session or who wilfully interferes with or inter- 
rupts the order of management of a public school by act of violence, 
boisterous conduct or threatening language, so as to prevent the teacher 
or any pupil from performing his duty, or who shall in the presence of 
the school children upbraid, insult or threaten the teacher, shall upon 
conviction thereof be punished by a fine not exceeding twenty-five dol- 
lars or by imprisonment in the county jail for a period not exceeding ten 
days, or both. 

Sec. 1356. PROPOSALS FOR CONTRACTS.] No contract except for 
teachers' salary, professional services, janitors' wages, or school text 
books involving the expenditure of school funds or money appropriated 
for any purpose relating to the educational system of this state, or any. 
county, district or school corporation therein, when the amount exceeds 
one hundred dollars, shall be let until proposals are advertised for a 
period of ten days, and after such advertisement, only to the lowest 
responsible bidder. Any violations of this section shall be a mis- 
demeanor. 

Sec. 10189. UNLAWFUL PURCHASES BY SCHOOL DISTRICT 
OFFICERS.] Every person who, while an officer of any school district 
or corporation, or deputy or clerk of such officer, directly or indirectly, 
buys or traffics in or in anywise becomes -a party to the purchase of any 
school warrant, order or scrip, or any bill, account, claim or evidence of 
indebtedness against his school district or corporation, for any sum less 
than the full face value thereof, is guilty of a misdemeanor, and upon 
conviction thereof is punishable by a fine of not less than fifty and not 
exceeding five hundred dollars. 

ARTICLE 15. GENERAL PROVISIONS APPLYING TO ALL SCHOOL 

DISTRICTS 

(a) Teacherages. 

The school board in any district where two or more schools have con- 
solidated, is hereby empowered to build and equip a dwelling for the 
use of teachers in such district, the same to be known as a teacherage, 
and provided, that when petitioned by a majority of the voters of the 
district asking for the erection of such teacherage, it shall be the duty 
of the school board to provide such teacherage without unnecessary de- 
lay. Chap. 215, p. 303, 1917. 

(b) Districts Liable for Tuition at Model School at State Institution. 
(Chap. 142, p. 181, 1915.) 

Sec. 1. That all students attending any model high, graded or 
elementary school which is operated, maintained or in any manner con- 
nected with the state university, any normal school, publicly maintained 



STATE OF NORTH DAKOTA 105 

educational institution of higher learning in this statd in which model, 
high, graded or elementary school members of the faculty or student 
body of such university, normal school or institution of higher learning 
teach there shall be paid by the school district in which said pupils reside 
to said institution as tuition for such attendance as follows: Not less than 
two and one-half dollars per month of actual membership per pupil in 
such model high school and not less than two dollars per month of actual 
membership per pupil in any such graded, or elementary school, provided, 
however, that such tuition is payable at the close of each term or 
semester. 

STATE OF NORTH DAKOTA vs. VALLEY CITY SPECIAL SCHOOL 
DISTRICT, A PUBLIC CORPORATION. 

(1) Sec. 142 of the Session Laws of 1915 provides that all students 
attending any model high school, graded or elementary school, which is 
operated and maintained or in any manner connected with the State 
University, any Normal school, publicly maintained educational institu- 
tion of higher learning in which model high, graded or elementary school, 
members of the faculty or of student body of such university, normal 
school, or institution of higher learning, teach, there shall be paid by the 
school district in which said pupils reside to said institution as tuition 
for such attendance certain amounts named in the law: held that such 
law is not unconstitutional. 

(2) It is further held that the normal school is part of the free public 
school system of North Dakota and is defined as such in Sec. 148 of our 
constitution. . 

(3) Held that the complaint in the action stated a good cause of action 
and was not demurrable. 

(c) School Boards May Rent Halls For Public Purposes. (Chap. 165, 
p. 234, 1915.) 

Sec. 1. AUTHORITIES MAY PAY RENTAL OF HALL AND PRO- 
VIDE FUNDS THEREFOR BY TAXATION.] The city council, city 
commission, village trustees, or township supervisors, of any city, village 
or township, or the school board of any school district, are hereby author- 
ized and empowered to pay the rental of any hall or auditorium when 
the same shall be used for any public meetings or purpose, and no charge 
is made for admission thereto, and may annually provide by taxation 
a sum sufficient for defraying any such expense for rental as they may 
anticipate for the coming year, provided, however, that this act shall 
not apply to any city where there exists a public hall owned by a 
municipality, suitable for the purpose. 

Sec. 2. MAY PAY RENTAL OUT OF OTHER FUNDS UNTIL TAX 
IS AVAILABLE.] Until such funds so provided shall become available, 
it shall be lawful for the council or city commission of any city, the 
trustees of any village, thd supervisors of any township, or the school 
board of any school district, to pay out of funds on hand, not otherwise 
appropriated or required, such sums as they may deem a fair rental 



106 GENERAL SCHOOL LAWS 



for any hall or auditorium when used for a public meeting as above pro- 
vided. ^ 

(d) Names of School Districts. (S. B. No. 97, 1919.) 
Sec. 1. The district school board of any school district in this state 
upon being petitioned so to do by- a majority of the school voters residing 
in the district shall submit to the qualified voters at the next school 
election any proposed change in the name of such school district. Upon 
ratification of the proposed change in the name of the school district by 
a majority of the ballots cast on the question such school district shall 
be named accordingly. It shall be the duty of the clerk of the school 
board of such school district to notify the county auditor, the county 
superintendent and the state superintendent of public instruction of any 
change in the name of his school district. Approved, February 28, 1917. 
Sec. 3217. DISTRICTS RENUMBERED AND RENAMED.] School 
districts and road districts within counties affected by this article shall 
be renumbered so as to make their numbers in each county run con- 
secutively, and the names of school townships may when necessary be 
changed. 

Sec. 3218. WHEN DISTRICTS LIABLE FOR BONDS.] When the 
boundaries of any school district or school township have been changed 
under the provisions of this article that portion of such school district 
or school township in which the school houses and other property remain 
shall be liable for the payment of the bonds, if any, issued by such school 
district or school township, and if such portion shall have been attached 
to another school district or school township the school district or school 
township to which such portion has been attached shall be liable for the 
payment of the bonds, if any, of the school district or school township 
to which such portion formerly belonged. 

Sec. 3219. VALIDITY OF BONDS.] The validity of bonds issued 
by school districts or school townships prior to the division of any county 
under this ai-ticle shall in nowise be affected by such division nor by the 
renumbering or renaming of the school district or school township that 
issued them. 

ARTICLE 16. NON-PARTISAN ELECTIONS 

Sec. 907. NO PARTY BALLOTS.] In all petitions and affidavits to 
be filed by or in behalf of any candidate for nomination at any primary 
election to the offices of state superintendent of public instruction and 
county superintendents of schools, no reference shall be made to any 
party ballot or to the party affiliation of such candidate. 

Sec. 908. SEPARATE BALLOTS FOR SCHOOL NOMINATIONS.] 
At all primary elections at which candidates for the offices herein 
referred to are to be nominated, there shall be separate ballots, which 
ballots shall be entitled, "Non-partisan school ballot," and the names of 
such candidates shall be placed thereon without party designation, and 
there shall be designated thereon the number of persons to be elected to 



STATE OF NORTH DAKOTA 107 



each office. Except as herein provided, this ballot shall be prepared, 
printed, distributed, canvassed and returned in the manner now provided 
by law for primary election ballots, and shall be delivered to each elector 
by the proper election officers and, where there are three or more can- 
didates for the same office, the two candidates receiving the highest 
number of votes for such office shall be duly nominated thereto, and 
where there are only two candidates for the same office, both candidates 
shall be duly nominated thereto. 

Sec. 909. BALLOTS AT GENERAL ELECTION.] At the general 
election there shall be a separate ballot upon which shall be placed the 
names of all candidates who have been nominated as herein provided, 
which ballot shall be entitled "School Ballot," and the names of all such 
candidates shall be placed theron without party designation, and there 
shall be designated thereon the number of candidates for each office for 
whom each elector is entitled to vote. " Except as hereinafter provided, 
this ballot shall be prepared, printed, distributed, canvassed and returned 
in the manner now provided by law for general election ballots. This 
ballot shall be delivered to each elector, and the candidates for each 
office on such "Non-partisan school ballot" receiving the highest num- 
ber of votes shall be duly elected to such office. 

(e) Non-partisan Election Certain County and State Oflficers. (S. B. 

No. 73, 1919.) 

Sec. 1. NO PARTY PRIMARY PETITION.] In all petitions and af^ 
fidavits to be filed by or in behalf of candidates for nomination in the 
primary election to all elective county offices, the office of judge of the 
supreme and district courts, and the offices of State Superintendent of 
Public Instruction and County Superintendent of Schools, no reference 
shall be made to a party ballot, or to the party affiliations of such can- 
didates. 

Sec. 2. SEPARATE NON-PARTISAN PRIMARY BALLOTS.] At all 
primary elections there shall be separate ballots which ballots shall be 
entitled "Non-partisan Primary Ballot," and the names of all candidates 
for any of the said offices shall be placed thereon without party designa- 
tion and there shall be designated thereon the number of persons each 
elector is entitled to vote for on each office which shall be the number 
to be elected to such office at the next succeeding general election. 

Sec. 3. The names of aspirants for nomination to each office shall be 
arranged in separate groups in their order, leaving one or more blank 
lines or spaces below each group of names on which may be written or 
placed a name or a printed sticker to express the vote of the individual 
elector. Such ballot shall be delivered to each elector by the proper 
election officer and no declaration of the party affiliation or registration 
of such party affiliation shall be required. 

Sec. 4. PERSONS NOMINATED.] The candidate or candidates re- 
ceiving the highest number of votes to the extent of double the number 
of those to be elected to any office, provided there are that many or 
more candidates running, shall be duly nominated thereto. No partisan 



108 GENERAL SCHOOL LAWS 

nominations shall be made for any of the aforementioned offices. 

Soc. 5. NON-PAKTISAN BALLOT AT GENERAL ELECTION.] 
At tho general election there shall likewise be a separate ballot upon 
which shall be placed tho names of all candidates who have been 
nominated as hereinbefore provided, which ballot shall be entitled "Non- 
partisan Ballot. " Such ballot shall otherwise be in the same form 
as iuM-eitibeforo spivilied for the Non-partisan Primary Ballot. This 
ballot shall be delivered to each elector. And the candidate, or candidates 
to the number to be elected for each office receiving the highest number 
of votes shall be duly elected to such office. 

Sec. C. PRESENT LAWS CONTROLLING.! Except as herein pro- 
vided such ballot shall be prepared, printed, distributed, canvassed and 
returned in the manner now provided for primary election and general 
election ballots respectively. Approved March 6, 1919. 

JOSEPH MILLER vs. A. V. SCHALLERN. 

STATUTE MANDATORY REQUIRING STAMPING OF BALLOTS.] 
Section 521 of the Revised Codes considered, and the following provision 
thereof held not to be directory merely, but mandatory, viz.: "In the 
canvass of the votes any ballot which is not indorsed as provided in this 
chapter by the official stamp and initials shall be void and shall not be 
counted." 

STATUTE NOT IN CONFLICT WITH CONSTITUTION.] Held, fur- 
ther, that said statutory provisions are valid enactments, and are not re- 
jnignatit to any provisions of the state constitution. 

ILLEGAL BALLOTS REJECTED.] Certain ballots, as stated in the 
opinion, were voted and deposited in the ballot box, without having in- 
dorsed or written thereon the initials of an inspector or judge of the 
election precinct in which said ballots were cast. Held, that said ballots 
were ille.c'al ballots, and that the board of canvassers could not lawfully 
canvass and count tho same. 

ERROR OF BOARD OF CANVASSORS.] Held, furUier, that the 
court below erred in its judgment sustaining the canvass of said votes 
which was made by the board of canvassers. The judgment is reversed, 
and tho contest dismissed. S N. D. S96. (Opinion filed May 23. 1S99.) 



ARTICLE tT. OA IH AND BOND OF OFFICERS CONNECTED WITH 

SCHOOLS 

Sec. lUU. OATH OF CIVIL OFFICERS.! Each civil oflicer in this 
state befoiv entering upon the duties of his office shall take and sub- 
scribe the oath pi*escvibed in section 211 of the constitution. Such oath 
shall be indorsed upon the back of or attached to his bond, in case of 
an ofticer rei\uired to give bond, or indorsed upon the back or attached 
to the commission, appointment or certiticate of election, in case of an 
officer not required to give bond. 

Sec. 198. WHAT OFFICERS TO FURNISH STATE BONDS.] Each 



STATE OF NORTH DAKOTA 109 



county official * * * * every school district treasurer and every 
township treasurer hereafter elected or appointed to an office required 
to furnish a bond by law, shall be bonded in and with the state bonding 
department; ***=*= provided, * * * * j^ shall be optional 
with any township or school district treasurer to be bonded in and with 
the state bonding department. The premiums for such bonds shall be 
paid out of the county, city, town, school district or township treasury, 
as the case may be, by the proper authorities. 

Sec. 660. CERTAIN OFFICERS TO GIVE BONDS.] Each civil of- 
ficer elected by the people or appointed by the governor or by any other 
authority provided by law, except the governor and the officers and mem- 
bers of the legislative asesmbly, judges of the supreme and district 
courts, county commissioners, court stenographers, the mayor and alder- 
man in cities, the president and trustees in villages, but including town- 
ship treasurers, clerks, justices of the peace and constable, shall, before 
entering on his duties, gives a bond conditioned for the faithful and im- 
partial discharge of the duties of his office (naming it fully), and render 
a true account of all moneys and property of every kind that shall come 
into his hands as such officer and pay over and deliver the same ac- 
cording to law. 

Sec. 663. AMOUNTS OF BONDS OF VARIOUS OFFICERS.] The 
bond of each state officer required to give a bond, the amount of which 
is not otherwise provided by law, shall be in the penal sum of five thou- 
sand dollars; * * * of the county superintendent of scohols * * * 
in the sum of five hundred dollars. ***** 

Sec. 669. Whenever any county, township, city, village or school dis- 
trict officer, hereafter elected, shall be required by law to give or furnish 
a bond for the faithful performance of his duties, such bond may be 
executed by some responsible persons acting as sureties, surety com- 
panies, fidelity insurance or bonding company, authorized and qualified 
to do business within the state of North Dakota, and approved by the 
Board of Commissioners, trustees, supervisors, council or directors 
charged with the approval of the same; the premium for such bond shall 
be audited by such board and paid out of the general fund of the county, 
township, city or school district, as the case may be, for whose benefit the 
same is given. This section shall not affect provision of Section 664 
relating to county treasurers, nor the furnishing of a personal bond by 
any officer as may be provided for by any existing law; provided, how- 
ever, that in case Chapter 62 of the Session Laws of North Dakota for 
the year 1915 shall become effective the provisions of this Act shall not 
be construed to conflict with the provisions thereof or as repealing said 
Chapter 62 of the Session Laws of 1915. 

STATE EX REL. HENRY J. LINDE, ATTORNEY GENERAL, 
V. W. C. TAYLOR. 

5. STATE BONDING FUND— OFFICIAL BONDS— FOR COUNTY 
—CITY— PUBLIC OFFICIALS— JUDICIAL POWERS— STATE EX- 



110 GENERAL SCHOOL LAWS 



AMINER— COMMISSIONER OP INSURANCE.] Chapter 62 of the^ 
Laws of 1915, establishing a state bonding fund for the purpose of 
furnishing official bonds for county, city, village, school district, aild 
township officers is not unconstitutional, as conferring judicial powers on 
the state examiner and commissioner of insurance. 33 N. D. 76. (Opinion 
filed February 5, 1916.) 

Sec. 9830. OFFICER REFUSING TO PERFORM DUTY.] Every 
register of deeds, judge of the county court, state's attorney, county com- 
missioner, sheriff, coroner or county superintendent of common schools, 
who wilfully fails or refuses to perform the duties of his office accord- 
ing to law, is guilty of a misdemeanor. * * * * 

Sec. 9835. PROVISIONS OF SECTION 9830 EXTENDED TO OTHER 
OFFICERS.] The provisions of section 9830 shall also apply to county 
treasurers, justices of the peace and all other county and precinct of- 
ficers. * * * 

Sec. 9836. REFUSAL OF STATE OFFICERS TO PERFORM 
DUTY.] Every state auditor, state treasurer, superintendent of public 
instruction for this state or any other state officer who willfully neglects 
or refuses to perform the duties of his office, as prescribed by law, is 
guilty of a misdemeanor. 

ARTICLE 18. VACANCIES 

Sec. 1322. VACANCY IN OFFICE OF SUPERINTENDENT OF 
PUBLIC INSTRUCTION FILLED BY APPOINTMENT.] Should a 
vacancy occur in the office of the superintendent of public instruction, 
the governor shall have power and it shall be his duty to fill such vacancy 
by appointment, which appointment shall be valid until the next general 
election and until his successor is elected and qualified. 

Sec. 1323. VACANCY IN OFFICE OF COUNTY SUPERINTEN- 
DENT.] Should a vacancy occur in the office of county superintendent 
of schools, the board of county commissioners of such county shall have 
power and it shall be their duty to fill such vacancy by appointment, as 
provided by law, which appointment shall be valid until the next general 
election. The county auditor shall immediately notify the superintendent 
of public instruction of such appointment. 

Sec. 1324. VACANCY IN OFFICE OF DIRECTOR OR TREASURER. 
HOW FILLED.] When any vacancy occurs in the office of director or 
treasurer "of a school district by death, resignation, removal from the 
district, or otherwise, the fact of such vacancy shall be immediately 
certified to the county superintendent by the clerk of the district, and 
such superintendent shall immediately appoint in writing some com- 
petent person who shall qualify and serve until the next annual school 
election. The county superintendent shall at the same time notify the 
clerk of the school district and the county auditor of every such appoint- 
ment. 

Sec. 1325. VACANCY IN OFFICE OF CLERK, HOW FILLED.] 



STATE OF NORTH DAKOTA 111 



Should the office of clerk of a school district become vacant, the school 
board shall immediately fill such vacancy by appointment and the presi- 
dent of the board shall immediately notify the county superintendent 
and the county auditor of such appointment. 

Sec. 1326. OFFICE, V/HEN DEEMED VACANT.] An office of a 
school district shall become vacant by resignation of the incumbent there- 
of, but such resignation shall not take effect until a successor has quali- 
fied according to law. Any office of a school district shall be deemed 
vacant if the person duly elected thereto shall neglect or refuse for the 
period of two weeks after the beginning of the term for which he was 
elected, to accept and qualify for such office and serve therein. Any 
school officer may be removed from office by a court of competent juris- 
diction as provided by law. 

Sec. 696. VACANCIES. HOW FILLED.] All vacancies, except in 
the office of a member of the legislative assembly, shall be filled by ap- 
pointment as follows: 

1. In the office of states attorney in which a vacancy has occured by 
reason of removal under section 685 of the Compiled Laws of North 
Dakota for the year 1913, by the board of county commissioners by and 
with the advice and consent of the governor. 

2. In county and precinct offices by the board of county commis- 
sioners, except vacancies in such board. 

8. In offices of civil townships, by the justices of the peace of such 
township, together with the board of supervisors or a majority of them, 
and if a vacancy occurs from any cause in the board of supervisors, 
the remaining member of the board shall fill such vacancy. 

4. In state and district offices by the Governor. Chap. 249, 1917. 



112 GENERAL SCHOOL LAWS 



Division 2. — A System of PuMie liistrudion. 



CHAPTER 5.— ELEMENTARY EDUCATION 
CONSTITUTION 

Sec. 147. A hijvh dojrroo of intoUiivoT\oo, patriotism, inteprrity i 
morality on tho part of every voter in a j>overnment by the people being 
necessary in onUM- to insure the eontinuanee of that i:rovernment and the 
prospeiity and happiness of the people, the U\<rislative assembly shall 
nunke provision for the establishment and maintenance of a system of 
public schools Avhich shall be open to all children of the State of North 
Dakota and free from sectarian control. The lejrislative requirements 
shall bo irrevocable without the consent of tho United States and the 
people of North Dakota. 

Sec. 1-lS. The lesrislative assembly shall pi'ovide at its first session 
after the adoption of this Constitution for a uniform system of free 
public schools throuirhout the state; beginning with the primary and 
e\tendin,ir throuii'h all .grades xip to and includinp: the normal and col- 
leiriate course. 

Sec. 14i1. In all schools instruction shall be jiiven as far as practicable, 
in those branches of knowlodiro that tend to impress upon the mind 
the vital import^uice of truthfulness, tempei'anco. purity, public spirit, 
and respect for honest labor of every kind. 

ARTICLE 19.— GENERAL 

Sec. 1848. SCHOOLS EQUALLY FREE AND ACCESSIBLE.] The 
public schools provided for in this chapter shall be at all times equally 
free, open and accessible to all children over six and under twenty-one 
years of ajje residing in the district. 

In case any parent or jruardian in a common school district is 
dissatisfied with such assignment or classification, the matter shall be 
referred to and decided by the county superintendent. 

Sec. 18SS. BIPLE NOT SECTARIAN BOOK. READING OP- 
TIONAL WITH ruriLS.l The Bible shall not be deemed a sectarian 
book. It shall not be excluded from any public school. It may at the 
option of the teacher be read in school without sectarian comment, not 
to exceed ten minutes daily. No pupil sKall be required to read it or to 
be pivsont in the school room during the I'eading thereof, contrary to 
the wishes of his parents or guardians or other person having him in 
diarge. 



STATE OF NORTH DAKOTA 113 

Sec. 1389. MORAL INSTRUCTION.] Moral instruction tending to 
impress upon the minds of pupils the importance of truthfulness, tem- 
perance, purity, public spirit, patriotism, international peace, respect 
for honest labor, obedience to parents and due deference for old age, shall 
be given by each teacher in the public schools. 

Sec. 1390. PHYSICAL EDUCATION.] Physical education, which 
shall aim to develop and discipline the body and promote health through 
systematic exercise, shall be included in the branches of study required 
by lavp to be taught in the common schools, and shall be introduced and 
taught as a regular branch to all pupils in all departments of the public 
schools of the state and in all educational institutions supported wholly 
or in part by money from the state. It shall be the duty of all boards 
of education and boards of educational institutions receiving money from 
the state, to make provision for daily instruction in all the schools and 
institutions under their respective jurisdiction, and to adopt such method 
or methods as will adapt progressive physical exercise to the develop- 
ment, health and discipline of the pupils in the various grades and classes 
of schools and institutions receiving aid from the state. 

Sec. 1451. WRITING.] Each pupil in the common schools as they 
shall become sufficiently advanced to pursue the same, shall be required 
to devote at least fifteen minutes practice in writing each day during the 
school year, 

ARTICLE 20.— KINDERGARTENS 

Sec. 1402. FREE KINDERGARTENS.] The school board of any 
school district in the state, upon a petition signed by a majority of the 
legal voters in the district, shall establish and maintain free kindergar- 
tens in connection with the public schools of said district, for the instruc- 
tion of children between four and six years of age, residing in said dis- 
trict: provided, that in cities of over five thousand inhabitants such board 
shall establish and maintain such kindergarten upon petition of one-fifth 
of the legal voters; and shall establish such course of training, study 
and discipline and such other rules and regulations governing such pre- 
paratory or kindergarten schools as said board may deem best; pro- 
vided, that nothing in this act shall be construed to change the law relat- 
ing to the taking of the census of the school population or of the appor- 
tionment of the state or county school funds among the several counties 
and districts in the state; provided, further, that the cost of establish- 
ing and maintaining such kindergartens may be paid from the school 
funds of said district raised by direct taxation for such purpose, and the 
said kindergarten shall be a part of the public school system, and governed 
as far as practicable, in the same manner and by the same officers as 
are provided by law for the government of the other public schools of 
the state; provided, further, that no person shall be employed as a teacher 
in such kindergarten schools who has not passed a satisfactory examin- 
ation in such subjects as the state examinmg board shall require. The 
state examining board shall adopt rules governing the examination of 



114 GENERAL SCHOOL LAWS 



kindergarten teachers, and shall furnish county superintendents with 
examination questions and the examination shall be held in the manner 
provided by law for the examination of teachers in the public schools; 
provided, further, that any person who shall complete the course of 
training for kindergarten teachers at the state normal schools shall be 
entitled to teach in the kindergarten schools of this state without exam- 
ination. (Chapter 129, p. 168, 1915.) 

ARTICLE 21.— ELEMENTARY EDUCATION 

Sec. 1342. SCHOOL AGE. WHO EXEMPT FROM COMPULSORY 
ATTENDANCE.] Every parent, guardian or other person who resides 
in any school district or city and who has control over any child of or 
between the ages of the seventh and fifteenth birthdays, shall send or 
take such child to a public school in each year during the entire time 
the public schools of such district or city are in session; and every 
parent, guardian or other person having control over any deaf, blind 
or feeble-minded child or youth between the ages of seven and twenty- 
one years of age shall be required to send such deaf child to the school 
for deaf at the city of Devils Lake for the entire school year unless 
excused by the superintendent or principal of such school, such blind 
child to the school for the blind at Bathgate for the entire year unless 
excused by the superintendent or principal of such school, and such 
feeble-minded child to the institution for the feeble-minded at Grafton; 
provided, that such parent, guardian or other person having control 
of any child shall be excused from such duty by the school board of the 
district or by the board of education of the city or village whenever 
it shall be shovvm to their satisfaction, subject to appeal as provided 
by law, that one of the following reasons therefor exists: 

(1) That such child is taught for the same length of time in a par- 
ochial or private school approved by the county superintendent of schools 
subject to appeal to the superintendent of public instruction; that no 
school shall be approved by the county superintendent of schools or su- 
perintendent of public instruction unless the branches usually taught in 
the public schools are taught in such schools. 

(2) That such child has already acquired the branches of learning 
taught in the public schools; provided, that in case the eighth grade is 
not completed such child shall attend school, if necessary, until the sev- 
enteenth birthday is reached. 

(3) That such child is actually necessary to the support of the family 
as determined by the state's attorney, subject to appeal. 

(4) That such child is in such physical or mental condition (as de- 
clared by a licensed physician, if required by the board) as to render 
such attendance inexpedient or impracticable. 

If no school is taught the required length of time within two and one- 
quarter miles from the residence of such child, by the nearest route, the 
school board or board of education shall, except in cases of consolidated 



STATE OP NORTH DAKOTA 115 



schools, pay for transportation a sum of not less than twenty-five cents 
(25c) nor more than fifty cents (50c) per day to any one family living 
more than two and one-quarter miles from the nearest school, which shall 
be equitably based upon the distance traveled and the number of children 
from each family, or the board shall furnish transportation, or the equiv- 
alent in lodging if acceptable to the family; and when such transportation 
is furnished, the compulsory attendance law shall apply to all children of 
school age living more than two and one-quarter miles and not to exceed 
six miles from school; provided, that the provisions for transportation 
shall not apply to 4eaf, blind and feeble-minded children, in this state, 
and this section shall not be construed to apply to parents, guardians, or 
other persons having control of any child or children of compulsory 
school age, who desire to send such child or children for a total period of 
not exceeding six months, which may be taken in one or more years, to 
any parochial school for the purpose of preparing such child or children 
for certain religious duties. It shall be the duty of the clerk of the school 
board to include in his annual statement an item setting forth the amount 
spent for transportation of pupils. (Chapter 206, p. 292, 1917.) 

Sec. 1344. PENALTY.] Any such parent, guardian or other person 
failing to comply with the requirements of the foregoing sections, shall 
upon conviction thereof be deemed guilty of a misdemeanor, and shall be 
fined in a sum not less than five nor more than twenty dollars for the 
first offense and not less than ten dollars nor more than fifty dollars 
for the second and every subsequent offense, with costs in each case. 

Sec. 1345. PROSECUTION FOR NEGLECTING THIS DUTY.] It 
shall be the duty of the superintendent or principal of schools in any city, 
town or village, or the teacher of any district school, or the county su- 
perintendent of schools for children that are deaf, blind or feeble-minded, 
to inquire into all cases of negligence of the duty prescribed in this article 
and to ascertain from the person neglecting to perform such duty the 
reason therefor, if any, and in common school districts notify the county 
superintendent of schools of such neglect; the said county superintendent, 
upon proper presentation of facts, shall lay the complaint before the 
state's attorney, whose duty it will be to proceed forthwith to secure 
the prosecution for any offense occurring under this article. In special 
or independent districts the superintendent or principal of schools shall 
lay the complaint before the state's attorney who shall proceed as above; 
provided, further, that the board of education or district school board 
in any city or school district of over five hundred inhabitants may em- 
ploy a truant officer who shall perform the duties implied in this section. 

Sec. 1386. EXCLUSION FROM SCHOOL.] A teacher may suspend 
from school for not more than five days any pupil for insubordination, 
habitual disobedience, or disorderly conduct. In such case the teacher 
shall give immediate notice to the parent or guardian of such pupil, and 
also to some member of the district school board of such suspension and 
the reason therefor. 

Sec. 1387. ASSIGNMENT OF STUDIES.] It shall be the duty of 



IIG GENERAL SCHOOL LAWS 



the teacher to assign to each pupil such studies as he is qualified to 
pursue, and to place him in the proper class in any studies subject to the 
provisions of section 1383, provided, that in graded schools under the 
charge of a principal or local superintendent, such principal or superin- 
tendent shall perform this duty. In case any parent or guardian in a 
common school district is dissatisfied with such assignment or classifi- 
cation, the matter shall be referred to and decided by the county super- 
intendent. 

Sec. 13S3. BRANCHES TO BE TAUGHT.] Each teacher in the 
common schools shall teach pupils' as they are sufficiently advanced to 
pursue the same, the following branches: Orthography, reading, writ- 
ing, arithmetic, language lessons. English grammar, geography, and 
lessons in nature study and elements of agriculture. United States his- 
tory, civil government, physiology and hygiene, giving special and 
thorough instruction concerning the nature of alcoholic drinks and nar- 
cotics, and their effect upon the human system. There shall also be 
taught in every school in connection with physiology and hygiene simple 
lessons in the nature treatment and prevention of tuberculosis and other 
contagious and infectious diseases. All pupils in the above mentioned 
schools below the high school and above the third year of school work 
computing from the beginning of the lowest primary year, shall receive 
instructions in hygiene every year from text books adapted to grade in 
the hands of pupils for not less than four lessons per week for ten weeks 
of each school year. In all schools above mentioned, all pupils in the 
(three) lowest three primary school yeai*s, shall each be instructed orally 
in hygiene for not less than three lessons per week for ten weeks of 
each school year by teachers using text books adapted to grade for such 
instruction as a guide or st^mdard. Each teacher in schools in special 
districts and in the cities organized for school purposes under special 
law shall conform to and be governed by the provisions of this section. 

Sec. 1382. SCHOOL YEAR AND SCHOOL WEEK DEFINED. 
HOLIDAYS.] The school year shall begin on the first day of July and 
close on the thirtieth day of June of each year. A~ school week shall con- 
sist of five days and a school month of twenty days. No school shall be 
taught on a legal holiday or on Saturday, provided, however, that on Feb- 
ruary the twelfth (Lincoln's Birthday"), February twenty-second (Wash- 
ington's Birthday) and May the thirtieth (Memorial day) all schools in 
session shall assemble for a portion of the day and devote the same to 
patriotic exercises consistent with the day, unless such holiday shall 
fall upon Saturday or Sunday. A legal holiday in term time falling upon 
a day which would otheiwise be a school day shall be counted and the 
teacher paid therefor, but no teacher shall be paid for Saturday or be 
permitted to teach on Saturday to make up for the loss of a day in the 
term. 

Sec. 7297. HOLIDAYS.] Holidays are every Sunday; the first 
day of January, which is New Year's Day; the twelfth day of February, 
which is the birthday of Abraham Lincoln; the twenty-second day of 



STATE OF NORTH DAKOTA 117 

February, which is the birthday of George Washington; the fourth day 
of July, which is the anniversary of the declaration of independence; the 
twenty-fifth day of December, which is Christmas day; the thirtieth day 
of May, which is memorial day; the first Monday in September, which is 
labor day; the twelfth day of October, which is discovery day; every day 
on which an election is held throughout the state, and every day ap- 
pointed by the president of the United States or by the Governor of this 
state for a public fast, thanksgiving or holiday. Approved March 8, 1919. 
Sec. 7298. WHEN FOLLOWING DAY HOLIDAY.] If the first of 
January, the twelfth day of February, the twenty-second day of Febru- 
ary, the fourth day of July, the thirtieth day of May, or the twenty-fifth 
day of December falls upon a Sunday, the Monday following shall be 
the holiday. 

Sec. 1. TEMPERANCE DAY.] That the third Friday in January of 
each year shall be set apart and designated as "Temperance Day," and 
in every public school in the State of North Dakota not less than one 
hour of the school day shall be set apart for instruction and appropriate 
exercises relative to the history and benefits of prohibition and the pro- 
hibition laws of the State of North Dakota. Provided, that the school 
shall continue its regular work during the remainder of the day. It shall 
be the duty of all state, county, city and school district officers, and of 
all public school teachers in the state, to carry out the provisions of this 
act. (Chapter 234, p. 340, 1917.) 

ARTICLE 22.— RURAL SCHOOLS 
(Chap. 212, p. 297, 1917) 

Sec. 1439. PURPOSE.] The chief purpose of this act shall be to aid 
and promote the consolidation and standardization of rural (country) 
schools of the state, and thereby increase the efficiency of the entire 
school system. 

Sec. 1440. CONSOLIDATED, GRADED, AND RURAL SCHOOLS 
MAY OBTAIN STATE AID.] Any public school in any common school 
district in the state, or any public school in any city, town or village, 
or any graded consolidated school in the state, not entitled to aid as a 
state high school, but fully complying with the conditions of this Act 
relating to state graded and state graded consolidated schools, and any 
rural (country) school in any school district in the state not entitled to 
aid in any other class, but fully complying with the conditions of this 
Act relating to state rural schools, may receive aid as hereinafter pro- 
vided for state graded consolidated schools, state graded schools, and 
state rural schools; provided, that schools receiving aid shall admit 
pupils from any part of the state without charging tuition. 

Sec. 1441. STATE GRADED SCHOOLS.] State Graded Schools shall 
be of three classes, viz.: First, second, and third class. 

First class: In order to be entitled to aid as a state graded school of 
the first class, such school shall for the school year next preceding that 



118 GENERAL SCHOOL LAWS 



for which aid is granted have complied with the following conditions: 
First, it shall have maintained at least nine months' school. Second, it 
shall be well organized, having at least four departments, taught by ef- 
ficient teachers. The principal shall be a graduate of a standard normal 
school or shall have completed at least two years of school work above 
the high school course and shall hold the necessary professional certificate 
issued in this state and each department of such school shall be taught 
by a teacher who has completed at least four years of school work above 
the eighth grade and who holds at least a first grade elementary certifi- 
cate. Third, it shall have a suitable school building, properly lighted, 
heated and ventilated; sanitary closets and other necessary accommoda- 
tions; library, and such other apparatus as is necessary to do efficient 
work. Fourth, such school shall follow the course of study prescribed 
for common schools, and shall include the first three years of a high 
school course, including one year each in domestic science and agricul- 
ture, as shall be prescribed by the state board of education, and shall 
comply with such additional rules as may be established by the state 
board of education. 

Second class: In order to be entitled to aid as a state graded school 
of the second class, such school shall have complied with the following 
conditions for the school year next preceding that for which aid is grant- 
ed, viz.: First, it shall have maintained at least nine (9) months' school. 
Second, it shall be well organized, having at least three . departments 
taught by efficient teachers. The principal shall be a graduate of a 
normal school or shall have completed at least two years of school work 
above a four-year high school course and shall hold the necessary pro- 
fessional certificate, issued in this state, and each department of such 
school shall be taught by a teacher holding at least a first-grade elemen- 
tary certificate. Third, it shall have a suitable school building, properly 
lighted, heated and ventilated; sanitary closets, and other necessa"y 
accommodations; a library, and such other apparatus as is necessary to 
do efficient work. Fourth, such school shall follow the state course of 
study as prescribed for common schools and shall include the first two 
years of a high school course, including one-half year each in domestic 
science and agriculture, as shall be prescribed by the state board of 
education, and shall comply with such additional rules as may be estab- 
lished by the state board of education. 

Third class: In order to be entitled to aid as a state graded school of 
the third class, such school shall have complied with the following condi- 
tions for the school year next preceding that for which aid is granted, 
viz,: First, it shall have maintained at least nine (9) months' school. 
Second, it shall be well organized, having at least two departments taught 
by efficient teachers. The principal shall be a graduate of a normal 
school or shall have completed at least one year of school work above 
a four -year high school course and shall hold the necessary professional 
certificate, issued in this state, and each department of such school shall 
be taught by a teacher holding at least a first-grade elementary certifi- 
cate. Third, it shall have a suitable school building, properly lighted, 



STATE OF NORTH DAKOTA 119 



heated and ventilated; sanitary closets, and other necessary accommoda- 
tions; a library, and such other apparatus as is necessary to do efficient 
work. Fourth, such school shall follow the state course of study pre- 
scribed for common schools and shall include the first year of a high 
school course, including one-third of a year each in domestic science and 
agriculture, as may be prescribed by the state board of education, and 
shall comply with such additional rules as may be established by the 
state board of education. 

Sec. 1442. STATE RURAL SCHOOL.] State rural schools shall be 
of three classes, viz.: First, second, and third class. First class: In 
order to be entitled to aid as a state rural school of the first class, such 
school shall have complied with the following conditions during the school 
year next preceding that for which the aid is granted. First, such school 
shall have maintained at least nine (9) months' school. Second, it shall 
be taught by an efficient teacher who is a graduate of a normal school 
or who has completed at least one year of school work above a four-year 
high school course, and who holds a professional certificate. Third, it 
shall have a suitable school building, properly lighted, heated and ven- 
tilated; sanitary closets, and other necessary accommodations; a library, 
and other necessary apparatus as is necessary to do efficient work. 
Fourth, such school shall have a regular and orderly course of study 
prescribed in the state course of study for common schools, including 
elementary agriculture, and shall comply with such additional rules as 
may be established by the state board of education. 

Second class: In order to be entitled to aid as a state rural school of 
the second class, such school shall have complied with the following 
conditions for the school year preceding that for which the aid is granted, 
viz.: First, such school shall have maintained at least nine (9) months' 
school. Second, it .shall be taught by an efficient teacher, holding at least 
a first-grade elementary certificate. Third, it shall have a suitable school 
building, properly lighted, heated and ventilated; sanitary closets and 
other necessary accommodations; library, and such other apparatus as 
is necessary to do efficient work. Fourth, such school shall have a regu- 
lar and orderly course of study as prescribed in the state course of study 
for common schools, including elementary agriculture, and shall comply 
with such additional rules as may be established by the state board of 
education. 

Third class: In order to be entitled to aid as a state rural school of 
the third class, such school shall have complied with the following condi- 
tions for the school year next preceding that for which aid is granted, 
viz.: First, such school shall have maintained at least eight (8) months' 
school. Second, it shall be taught by an efficient teacher, holding at 
least a second-grade elementary certificate. Third, it shall have a suit- 
able school building, properly lighted, heated and ventilated; sanitary 
and commodious outhouses, and other necessary accommodations; library 
and such other apparatus as is necessary to do efficient work. Fourth, 
such school shall have a regular and orderly course of study as pre- 
scribed in the state course of study for common Bchools, including ele- 



120 GENERAL SCHOOL LAWS 



mentary agriculture, and shall comply with such rules as may be estab- 
lished by the state board of education. 

Sec. 1443. APPLICATION TO BE MADE TO THE COUNTY SU- 
PERINTENDENT OF SCHOOLS.] Applications from schools for the 
aid herein provided in the case of state graded, consolidated and state 
rural schools, shall be made to the county superintendent of schools of 
the county in which such schools are located. The county superintend- 
ent shall forward to the state superintendent of public instruction such 
applications as are endorsed and recommended by him, together with a 
certificate of the superintendent of the county wherein the school making 
such application is situated, to the effect that such school has fully 
complied with the conditions mentioned in Section 1441 of this act, in the 
case of state graded or state consolidated schools, and with the condi- 
tions mentioned in Section 1442 of this act, in the case of state rural 
schools, and in addition the rules established by the state board of edu- 
cation. The county superintendent shall also file with the inspector 
when requested to do so by that officer a certified list of such schools 
as have met the requirements for classification. 

Sec. 1444. STATE EURAL SCHOOL INSPECTOR.] Application 
for aid to state graded schools, state rural schools or state consolidated 
schools which have the endorsement and recommendation of the county 
superintendent wherein such schools are located shall be filed in the 
office of the state superintendent of public instruction; and before any 
apportionment of any aid can be made under the provisions of this act, 
such school shall be duly inspected and recommended for classification 
by an officer to be known as state inspector of rural and graded schools 
and consolidated schools. 

Appointment: Such inspector shall be appointed by the state su- 
perintendent of public instruction for a period of two years; provided, 
that such appointment must be confirmed by the state board of edu- 
cation. 

Qualifications: This inspector shall have the same educational qual- 
ifications as required by law for the office of state superintendent of 
public instruction, and shall have been a county superintendent of 
schools. 

Salary: The inspector shall receive an annual salary of two thousand 
dollars; and in addition thereto his necessary and actual expenses in- 
curred in the discharge of his official duties, not exceeding fifteen hundred 
dollars in any one year. The salary and traveling expenses shall be paid 
in the same manner as in the case of the state superintendent of public 
instruction. 

Duty: It shall be the special duty of the state inspector of consoli- 
dated, rural and graded schools to aid and promote consolidation of 
schools, and to further that end, he shall, when possible, attend teachers' 
meetings, institutes, training schools and school officers' and patrons' 
meetings, and discuss consolidation and kindred topics. 

Reports: He shall on or before the fifteenth day of September in each 



STATE OF NORTH DAKOTA 121 



year, make and transmit to the governor and the state superintendent 
of public instruction, a report showing the conditions of the schools in- 
spected, with such summaries and recommendations as he may think 
proper; and not more than fifteen hundred of such reports shall be 
printed each year. He shall also file in the office of the state superin- 
tendent at the close of each school month individual reports of the sev- 
eral schools inspected during that month. 

Sec. 1445. THE APPORTIONMENT.] Between the first and fif- 
teenth of August in each year, the state board of education shall appor- 
tion such amounts as are appropriated to each of said graded consoli- 
dated schools, the sums named in Section 1446 of this Act; to each of 
state graded schools which has fully complied with the provisions of 
this act and such additional rules as may be established by the state 
board relating to state graded schools, the sum of one hundred dollars 
in each year to state graded schools of the first class, to state graded 
schools of the second class, a sum of seventy-five dollars, and to state 
graded schools of the third class, the sum of fifty dollars; and the board 
shall apportion to each of the state rural schools which has fully com- 
plied with the provisions of this act and such additional rules as may be 
established by the board relating to state rural schools the sum of 
fifty dollars in each year to each state rural school of the first class, 
to each state rural school of the second class, the sum of forty dollars, 
and to each state rural school of the third class a sum of thirty dollars; 
provided, that in any district where the tax rate for the preceding year 
is fifteen mills and less than twenty-five, these amounts shall be doubled 
for each class of school, and that in any district where the tax rate for 
the preceding year is twenty-five mills or greater, these amounts shall 
be trebled. These several amounts shall be paid by the state treasurer 
on the warrant of the state auditor when duly certified and filed with 
the state auditor by the superintendent of public instruction. Provided 
also that in case the amount apportioned shall not _be sufficient to pay 
the amount specified, then the amount available shall be apportioned pro 
rata among the schools entitled thereto. Provided further that the 
state board of education shall furnish to each state miral school, each 
state graded school and each state graded consolidated school a certifi- 
cate of standardization and a metal plate designating the rank of such 
schools, the same to be paid for from the appropriation for these 
schools. 

Sec. 1446. CONSOLIDATED SCHOOLS.] Any consolidated school 
meeting the requirements for the state graded school of the first class 
shall receive aid in the sum of four hundred dollars, any consolidated 
school meeting the requirements for the state graded school of the sec- 
ond class shall receive aid in the sum of three hundred fifty dollars, and 
any consolidated school meeting the requirements for a state graded 
school of the third class shall receive aid in the sum of three hundred 
dollars; provided that in any district where the tax rate for the preced- 
ing year is fifteen mills and less than twenty-five, each school shall re- 



122 GENERAL SCHOOL LAWS 



ceive double the amount named here, and that where the tax rate for 
the preceding year is twenty-five mills or more, each school shall receive 
treble the amount. 

Defined: It is provided further that a consolidated school here and 
elsewhere in the law is one where at least two teachers are employed 
and at least eighteen contiguous sections are served, without regard to 
the manner of its formation. 

Sec. 1447. RECORDS AND ACCOUNTS.] The state superintendent 
of public instruction shall keep a record of all schools applying for and 
receiving aid as state graded schools, state consolidated schools or state 
rural schools, in each year, and a detailed account of all moneys appor- 
tioned for such purposes. 

Rules: The state board of education is also authorized to establish 
such additional rules as shall be found necessary to secure uniformity and 
the best results among the schools receiving state aid. 

Sec. 1448. ADVANCEMENT TO HIGHER CLASSES.] When any 
state graded school, state graded consolidated school, or state rural 
school in this state attains such degree of proficiency as to satisfy a state 
inspector of rural and consolidated schools that it has the qualifications 
necessary to entitle it to be advanced to the higher class, such inspector 
may recommend the same to the state board of education for such ad- 
vancement. If the state board is satisfied that such school has complied 
with all the requirements to entitle it to promotion, said board at any 
regular meeting shall raise it as recommended. 

Sec. 1449. REPORT OF STATE SUPERINTENDENT OF PUBLIC 
INSTRUCTION.] The state superintendent of public instruction shall 
include in his biennial report a comprehensive statement of all receipts 
and disbursements; the name and number of schools in each class receiv- 
ing aid; the number of pupils enrolled in each, and the cost of supervision 
of all schools receiving aid under this act for the years covered by 
such report, to which may be added an estimate of appropriation needed 
to meet the requirements of this act for the succeeding two years, and 
such other recommendations as he may deem useful and proper. 

Sec. 1450. APPROPRIATION FOR EACH CLASS.] For the purpose 
of carrying out the provisions of this act, the following sums are hereby 
appropriated annually, to be paid out of any moneys in the state treas- 
ury not otherwise appropriated, viz: for aid to state' graded schools the 
sum of ten thousand dollars ($10,000.00) annually. For aid to state 
rural schools the sum of fifteen thousand dollars ($15,000.00) annually, 
and for aid to state consolidated schools the sum of ten thousand dollars 
($10,000.00) annually. For the inspector's and assistant's salary, as 
hereinbefore provided, the sum of two thousand dollars ($2,000.00) an- 
nually. For the actual and necessary traveling expenses of said inspec- 
tor, the sum of fifteen hundred dollars ($1,500.00) annually. For the 
payment of postage, stationery and clerical assistance required by the 
inspector and the printing of the inspector's annual report, the sum of 
four hundred dollars ($400.00) annually. Provided, however, that in case 



STATE OP NORTH DAKOTA 123 



the amount appropriated and available, under this article for the payment 
of aid to such schools shall in any year be insufficient to apportion to each 
of such schools as are entitled thereto the full amount intended to be ap- 
portioned to the state graded schools, state rural schools and state con- 
solidated schools, then, in such case, such amounts as are apportioned 
and available shall be apportioned pro rata among the schools entitled 
thereto. Provided, the first annual appropriations herein provided for 
such shall become available July first, 1913: 

ARTICLE 23.— TESTING AND CLASSIFYING AGRICULTURAL 

PRODUCTS IN PUBLIC SCHOOLS 

(S. B. No. 112, 1919) 

Sec. 1. COUNTY COMMISSIONERS MUST FURNISH EQUIP- 
MENT.] The county commissioners of each county in this state shall, 
on or before July 1, 1919, provide and purchase one or mqre standard 
grain grading and cream testing outfits and any other necessary equip- 
ment which is ordinarily used for grading, testing and classifying agri- 
cultural products. 

Sec. 2. DISPOSITION OF EQUIPMENT.] Said equipment shall at 
all times be kept in good repair and shall remain the property of the 
county, to be placed or added to as circumstances require, and the same 
shall be placed in the custody of the county superintendent of schools 
as a part of the educational equipment of that office. 

Sec. 3. HOW USED.] It shall be the duty of the county superin- 
tendent of schools to arrange a plan so that such equipment shall be in 
continuous use in the schools of the county which are not consolidated, 
and to arrange for the instruction of teachers therein in the use of such 
equipment. 

Sec. 4. SCHOOL BOARDS OF CONSOLIDATED DISTRICTS 
SHALL FURNISH EQUIPMENT.] It may be the duty of the school 
board of each consolidated school district in this state to provide and 
purchase, within six months after the passage and approval of this act, 
a standard grain grading and cream testing outfit, as provided for in 
Section 1 of this act. 

Sec. 5. EQUIPMENT. HOW USED.] Said equipment shall at all 
times be kept in good repair, to be replaced or added to as circumstances 
require, and it shall be the duty of the county superintendent of schools 
to supervise the use of such equipment in the various consolidated schools 
in his district, and to arrange for the instruction of teachers therein in 
its use. 

Sec. 6. MAY CONSULT STATE GRAIN INSPECTOR, STATE 
DAIRY COMMISSIONER AND COUNTY AGENT.] It shall be the 
duty of the state grain inspector, his deputy or assistants, the state 
dairy commissioner and his assistants and the county agent to advise and 
assist the county commissioners and the school board of consolidated 
school districts in purchasing such equipment; also to aid the county 



124 GENERAL SCHOOL LAWS 

superintendent of schools and teachers to successfully establish the 
teaching of grading, testing and classifying agricultural products in 
such schools. Approved February 28, 1919. 

ARTICLE 24.— COUNTY TAX IN AID OF RURAL, GRADED AND 

CONSOLIDATED SCHOOLS 

(Chapter 128,1 p. 167, 1915.) 

Sec. 1. PETITION. ELECTION.] Whenever a petition, signed by 
qualified electors of the county equal in number to ten per centum of 
the votes cast in the county for the candidates of all parties for the 
office of governor at the last preceding general election, is presented to 
the board of county commissioners at least forty days prior to any gen- 
eral election praying that a tax be levied upon all taxable property in 
the county for the purpose of providing county aid to rural, graded and 
consolidated schools, the board of county commissioners shall submit 
such question to the people of the county at the next succeeding general 
election. Such question shall appear upon the ballot in the following 
form : 

For county aid to rural, graded and consolidated schools . . . . [ ] 
Against county aid to rural, graded and consolidated schools. [ ] 

If a majority of the electors voting upon the proposition be in favor 
cf granting such aid, the county commissioners shall levy a tax of not 
to exceed one mill on each dollar of assessed valuation of all taxable 
property in the county. 

Sec. 2. APPORTIONMENT OF TAX.] The moneys derived from the 
tax so levied shall be apportioned among the rural, graded and consoli- 
dated schools of the county in the same manner as the moneys re- 
ceived from the state are now apportioned among such schools. When 
making the apportionment among the schools, the board of county com- 
missioners shall consult with the county superintendent of schools and 
it shall be his duty to assist the board of county commissioners in mak- 
ing the apportionment of said moneys in the manner herein provided. 



STATE OF NORTH DAKOTA 125 



CHAPTER 6.— SECONDARY EDUCATION 

ARTICLE 25.— HIGH SCHOOL ADVANTAGES 

Sec. 1430. POWERS OF STATE BOARD OF EDUCATION.] The 
state board of education shall have general supervision over secondary 
education in the state, and shall perform the duties and have and exer- 
cise the powers hereinafter mentioned. 

Sec. 1431. SCHOOLS CLASSIFIED.] Any public graded school in 
any city or incorporated village or township, organized into a district, 
under the township or district system, which shall give instruction ac- 
cording to the terms and provisions of this act, and shall admit pupils 
of either sex from any part of the state without charge for tuition in 
the secondary school or high school department, shall be entitled to be 
classified as a state high school, and to receive pecuniary aid as here- 
inafter specified; provided, however, that no such school shall be re- 
quired to admit non-resident pupils unless they pass an examination in 
orthography, reading in English, penmanship, arithmetic, language and 
grammar, modern geography and the history of the United States; pro- 
vided, however, that in case of state high schools having an agricultural 
department, pupils pursuing courses in said department shall be ad- 
mitted into the seventh and eighth grades, and secondary school depart- 
ment without charge for tuition. 

Sec. 1432. REQUIREMENTS FOR CLASSIFICATION.] The said 
board shall require of the schools applying for such pecuniary aid com- 
pliance with the following conditions, to- wit: 

1. BUILDINGS. That there shall be adequate school buildings con- 
forming to modern approved ideas respecting heating, lighting, ventila- 
tion and sanitation, and under no circumstances shall aid be given to or 
continued when the board of education fails to or refuses to comply 
with reasonable requirements of this character. 

2. COURSES OF STUDY. That there shall be regular and orderly 
courses of study in the eight grades of the elementary school, together 
with all subjects prescribed by the said board for the iirst two years 
of the secondary school curriculum. 

3. OPEN TO INSPECTION. That said secondary school receiving 
pecuniary aid under this article shall at all times permit members of 
the state board of education, or anyone appointed by said board, to visit 
and examine the classes pursuing said elementary and secondary school 
courses, and make recommendations concerning the conduct of such 
school. 

Sec. 1433. HIGH SCHOOL INSPECTOR. HOW APPOINTED.] 



126 GENERAL SCHOOL LAWS 



The state board of education shall appoint a high school inspector, upon 
the nomination of the superintendent of public instruction, who shall be 
a graduate of a college or a university of recognized standards, and 
shall have had five years of successful experience either as principal of 
a high school or superintendent of city schools in North Dakota. The 
board shall prescribe his duties. 

TERM OF OFFICE. His term of office shall be two years, provided 
that the inspector appointed in 1911 shall hold office for two years from 
July 1, 1911. 

SALARY AND EXPENSES. The yearly salary of said inspector shall 
not exceed two thousand dollars, as may be fixed by the state board of 
education. Such salary shall be payable monthly on warrant of the 
state auditor from the general fund of the state. It shall be the duty of 
the secretary of the state board of education to notify the state auditor, 
prior to July 1st of each year, the amount of salary which has been 
fixed for the biennial period. The state high school inspector shall re- 
ceive his actual and necessary expenses incurred in the discharge of his 
official duties; such duties under the direction of the state board of edu- 
cation may take him outside of the state of North Dakota, and in such 
cases all his actual and necessary expenses shall be paid. These expenses, 
which shall not exceed twelve hundred ($1200) dollars in any given 
year, shall be paid from the general fund of the state upon itemized 
vouchers properly approved. 

DUTIES. The said state high school inspector, under the direction 
of the state' board of education, shall carefully inspect the instruction, 
discipline and all conditions affecting the efficiency of the high schools 
of the state receiving aid under this article, and make a written report 
on the same; provided, that no money shall be paid in any cases until such 
report shall have been received, examined and the work of the school 
approved by the board. 

APPLICATION FOR AID. The said board shall receive applications 
from such schools for aid as hereinafter provided, which applications 
shall be received and acted upon in the order of their reception. 

APPORTIONMENT OF FUNDS. The said board shall apportion to 
each of said schools, which shall have fully complied with the provisions 
of this article, and whose applications shall have been approved by the 
board, the following sum, to-wit: two thousand five hundred dollars 
annually to each of the five schools already designated, having an agri- 
cultural, manual training and domestic economy department; eight hun- 
dred dollars each year to each school maintaining a four year high school 
curriculum and doing four years of high school work; the sum of five 
hundred dollars each year to each school having a three-year high school 
curriculum and doing three years of high school work; and the sum of 
three hundred dollars each year to each school having a two-year high 
school curriculum and doing two years of high school work; (and two 
hundred dollars to schools doing one year high school work where two 
or more teachers are employed;) provided that the moneys so appor- 



STATE OP NORTH DAKOTA 127 



tioned to any high school shall be used to increase the efficiency of high 
school work; provided, further, that the total amount of apportionment, 
expenses and salary under this act, except salary and expenses of the 
inspector provided for above, shall not exceed eighty-five thousand dol- 
lars annually. 

APPROPRIATION. The sum of eighty-five thousand dollars is hereby 
appropriated annually for the purpose of this act, to be paid out of any 
moneys in the state treasury not otherwise appropriated, which amount, 
or so much thereof as may be necessary, shall be paid upon the itemized 
vouchers of said board, duly certified and filed with the state auditor; pro- 
vided that in case the amount appropriated and available under this article 
for the payment of aid to such schools shall in any year be insufficient 
to apportion each of such schools as are entitled thereto the full amount 
intended to be apportioned to the high schools of the various classes, 
then, in such case, two thousand five hundred dollars shall be appor- 
tioned to each of the five schools having an agricultural, manual train- 
ing and domestic economy department, and the remainder of such amount 
as is appropriated and available shall be apportioned pro rata among 
the schools entitled thereto; provided, further, that with the approval 
of the state board of education, the money appropriated by the state 
to the high schools designated to maintain departments of agriculture, 
manual training and domestic economy may be used for the extension 
of agricultural education and demonstration outside of the district in 
which the school is located, within the limits of efficiency. Chap. 42, 
p. 32, 1915. 

Sec. 1434. SCHOOLS TO MAINTAIN DEPARTMENTS OF AGRICUL- 
TURE. HOW DESIGNATED. REQUIREMENTS.] Any state high school 
having satisfactory rooms, equipment and a tract of land of at least 
ten acres within one mile of the school house, having shown itself fitted 
by location and otherwise to do agricultural work; having trained in- 
structors in agriculture, manual training and domestic economy; main- 
taining well organized short courses and agricultural, manual training 
and domestic science and art courses, and meeting such other require- 
ments as the state board of education may define, shall upon applica- 
tion be designated by said board to maintain an agricultural department; 
provided, that the high schools now designated and those hereafter 
designated to maintain departments of agriculture, manual training and 
domestic economy shall continue to be so designated and aided so long 
as they comply with the rules and regulations of the state board of 
education and perform satisfactorily the work contemplated by this sec- 
tion. 

Sec. 1435. NATIONAL AND STATE AID. ONE SCHOOL IN COUNTY.] 
In addition to the state aid of two thousand five hundred dollars herein 
provided for a state high school having an agricultural department as 
defined in Section 1434 of this act, shall receive its proportionate share 
of all moneys appropriated by the national government for the teaching 
of elementary or secondary agriculture in the public or high schools of 



128 GENERAL SCHOOL LAWS 



this state; provided, that said high schools having an agricultural de- 
partment shall not receive more than two thousand five hundred dollars 
of aid from the state under this act; provided, further, that no more 
than one high school in any county shall be designated a state high 
school having an agricultural department and receiving two thousand 
five hundred dollars state aid. 

Sec. 1435. COMPENSATION OF BOARD MEMBERS, CLERICAL 
SERVICE, SALARY, EXPENSES.] The ex-officio members of the board 
shall serve without compensation, but the appointive members shall re- 
ceive a per diem of three dollars while actually on duty as members of 
the board. 

The necessary expenses of all members of the board while on duty as 
members, salary and expenses of the clerical help of the examiner and 
of the readers of the state board of education examination papers, and 
other necessary expenses of administration, shall be paid from the "State 
High School Aid" fund, and in the manner provided by law for salaries 
and expenses of other state officers. 

Sec. 1437. MEETING. POWERS. ASSISTANT EXAMINERS.] The 
board shall hold a regular meeting in the months of July, September, 
November, January, March and May of each year. 

POWERS OF BOARD. — The board shal have full discretionary power 
to consider and act upon applications of schools for state aid, and to 
prescribe conditions upon which such aid shall be granted; and it shall 
be its duty to accept and aid such schools only as will, in its opinion, 
if aided, efficiently perform the service contemplated by law. The period 
for which a school shall be classified shall be one year. The board 
shall have power to establish any necessary and suitable rules and regu- 
lations relating to qualifications of teachers and superintendents, to 
examinations, reports, acceptance and classification of schools, curricula, 
and other proceedings implied under this article. 

THE EXAMINER. — The examiner shall report the results of the state 
board of education examinations annually to the superintendent of public 
instruction, who shall publish the same in the biennial report. Readers 
of state board of education examination papers shall be appointed by 
the examiner of the state board of education, and shall be entitled to 
receive such compensation as the board may allow. 

Sec. 1438. ANNUAL REPORT OF INSPECTOR.] The said high school 
inspector shall make, on or before August 1st, an annual report to the 
state board of education concerning the previous school year, showing 
the names and number of schools receiving state aid, the number of 
pupils enrolled, and other matters as directed by the board, and the 
said board shall cause the same to be published. 

RECORD OF BOARD. — Said board shall keep a record of all proceed- 
ings, and shall biennially make a report to the governor of the receipts 
and disbursements, matters of general importance regarding the schools 
aided, and shall add any recommendations that it deems useful and 
proper. This report shall be included and made a part of the printed 
report of the state superintendent of public instruction. 



STATE OF NORTH DAKOTA 129 



Sec. 1452. COURSE OF STUDY IN HIGH SCHOOLS.] All pupils 
entering high school shall select one of the courses of study offered by- 
said high school, and no pupil shall be permitted to change said course 
of study, except by permission of the superintendent of said school, or 
upon request of the parents or guardian of said pupil. 

Sec. 1453. REVIEW BY SENIOR CLASS.] The superintendent shall, 
and it is hereby made his duty to cause to be reviewed by each senior 
class during the senior year, the full and complete course of study pur- 
sued by said class in the grammar grades. 

ARTICLE 26.— CONTINUATION SCHOOLS 

(a) ETeiiing Schools. (Chapter 209, p. 294, 1917) 

Sec. 1. SCHOOL BOARD MAY ORGANIZE.] The school board or 
any common, independent, special or consolidated school district or the 
school board for unorganized territory may, and upon the direction of 
the county or city superintendent of schools of the county or city in 
which any such district or territory may be situated, or upon the direc- 
tion of the state superintendent of education, shall establish and main- 
tain public evening schools as a branch of the public schools, and such 
evening school when so maintained shall be available to all persons over 
sixteen years of age, who, from any cause, are unable to attend the 
public school of such district; and the branches taught at such evening 
school and the general conduct thereof shall be subject to the direction 
and control of the state superintendent of education. 

Sec. 2. HOW ESTABLISHED.] Whenever in any such district or in 
such unorganized territory there shall be residing ten or more adult per- 
sons over sixteen (16) years of age who desire instruction in such evening 
school, it shall be the duty of such board to establish and maintain such 
evening school throughout a period of not less than three months of 
every school year, and for not less than two hours at least three times 
of each week during the term of such evening school, and in case of 
failure so to do the state superintendent of education may direct and 
require that such evening school be established and maintained. 

Sec. 3. SUPPORT OF.] One-half the salary of all teachers who teach 
in evening schools in common, independent, special, or consolidated school 
districts shall be paid by the state, which payment shall be made upon 
verified statements of account presented by the respective school districts 
and approved by the local superintendent of schools in all districts 
maintaining a state high school, or by the county superintendent of 
schools in the case of districts which do not maintain such high schools. 

Sec. 4. APPROPRIATION.] The sum of seven thousand dollars ($7,- 
000.00) or as much thereof as may be necessary, is hereby appropriated 
out of any state funds not otherwise appropriated, for the purpose of 
carrying out the provisions of this Act. 



130 GENERAL SCHOOL LAWS 



(b) ]Vis'ht Schools. (H. B. No. 94, p. 64, 1919) 

Sec. 1. APPROPRIATION AND LEVY TO BE MADE BY COUNTY 
COMMISSIONERS FOR NIGHT SCHOOLS.] The board of county com- 
missioners of eacli county in tlie state shall when petitioned by the school 
board of aiiy common, independent, special, or consolidated school dis- 
trict, or the school board of any organized territory, annually make an 
appropriation of five hundred dollars and may levy a tax upon all of the 
taxable property of the county to raise that amount for the purpose 
of aiding and promoting night schools established by the school boards 
of any common, independent, special or consolidated school district, or 
the school board of any organized territory. Provided, that the school 
board or board of education in any district receiving aid from the county 
shall contribute to the maintenance of such evening school an amount 
equal to the amount received from the county. 

Sec. 2. FUND. HOW EXPENDED.] The fund raised in accordance 
vith the provisions of this act shall be expended by and under the 
direction and control of the county superintendent of schools in such 
manner as he deems best adapted to accomplish the purpose set forth 
herein. Approved February 2S, 1919. 

(e) Appropriation — Evening ScliOv>Is. (S. B. No. 103, p. 183, 1919) 

Sec. 1. APPROPRIATION.] There is hereby appropriated out of any 
moneys in the state treasurj' not otherwise appropriated the sum of 
$7,000.00 or so much thereof as may be necessary, for the maintenance 
of evening public schools under the provisions of Chapter 209 of the 
Session Laws of North Dakota for the year 1917 for the biennial period 
from June 30th to July 1st, 1921. 



STATE OF NORTH DAKOTA 131 



CHAPTER 7.— VOCATIONAL EDUCATION 

ARTICLE 27.— AGRICULTURAL COLLEGE 

Sec. 1604. LOCATION OF.] The agricultural college shall continue 
as now established and located at Fargo in the county of Cass. 

Note: Sections 1605, 1606, 1607, 1608 relate to the Board of Trustees 
now superseded by the Board of Regents who have given way to the 
Board of Administration. 

Sec. 1609. DUTIES OF BOARD.] Such board shall direct the dis- 
position of all moneys appropriated by the legislative assembly or by 
the congress of the United States, or that may be derived from the sale 
of lands donated by congress to the state for such college, or that may 
be donated to or come from any source to the state for said college, 
or experiment station for North Dakota, subject to all restrictions im- 
posed upon such funds either by the constitution or laws of the state 
or by the terms of such grants from congress, and shall have supervision 
and charge of the construction of all buildings authorized by law for 
such college and station. The board shall have power to employ a 
president and necessary teachers, instructors and assistants to conduct 
sugh school and carry on the experiment station connected therewith 
and to appoint one of its members superintendent of construction of all 
buildings, who shall receive three dollars per day for each day actually 
and necessarily engaged in the discharge of his duties, not to exceed 
fifty days in any one year, which sum shall be paid out of the state 
treasury upon the vouchers of said board. 

Sec 1610. COURSE OF INSTRUCTION.] The object of such college 
shall be to afford practical instruction in agricultural and the natural 
sciences connected therewith, and in the sciences which bear directly 
upon all industrial arts and pursuits. The course of instruction shall 
embrace the English language and literature, mathematics, military tac- 
tics, civil engineering, agricultural chemistry, animal and vegetable anat- 
omy, and physiology, the veterinary art, entomology, geology and such 
other natural sciences as may be prescribed, political, rural and house- 
hold economy, horticulture, moral philosophy, history, bookkeeping and 
especially the application of science and the mechanic arts to practical 
agriculture. A full course of study in the institution shall embrace not 
less than four years, and the college year shall consist of not less than 
nine calendar months, which may be divided into terms by the board 
of trustees as in its judgment will best secure the objects for which 
the college was founded. 



132 GENERAL SCHOOL LAWS 

Sec. 1611. BOARD OP TRUSTEES TO FIX SALARIES.] The board 
of trustees shall fix the salaries of the president, teachers, instructors 
and other employes and prescribe their respective duties. The board 
shall also fix the rate of wages to be allowed the students for labor 
on the farm and experiment station or in the shops or kitchen of the 
college. The board may remove the president or subordinate officers 
and supply all vacancies. 

Sec. 1612. FACULTY TO ADOPT RULES AND REGULATIONS.] The 
faculty shall consist of the president, teachers and instructors and shall 
pass all needful rules and regulations for the government and discipline 
of the college, regulating the routine of labor, study, meals and the 
duties and exercises, and all such rules and regulations as are necessary 
for the preservation of m.orals, decorum and health. 

Sec. 1613. DUTIES OF PRESIDENT.] The president shall be the 
chief executive officer of the college and it shall be his duty to see that 
all rules and regulations are executed, and the subordinate officers and 
employes not members of the faculty shall be under his direction and 
supervision. 

Sec. 1614. FACULTY TO MAKE ANNUAL REPORT TO BOARD.] The 
faculty shall make an annual report to the board of trustees on or before 
the first Monday in November of each year, showing the condition of 
the school, experiment station and farm and the results of farm experi- 
ments and containing such recommendations as the welfare of the insti- 
tution demands. 

Sec. 1615. ANNUAL REPORT TO GOVERNOR.] The board of trustees 
shall on or before the fifteenth day of November in each year make a 
report to the governor setting forth in detail the operations of the 
experiment station, including a statement of the receipts and expendi- 
tures, a copy of which report shall be sent by the governor to the com- 
missioner of agriculture and to the secretary of the treasury of the 
United States, and the board shall also make report to the governor 
on or before the fifteenth day of November next preceding each biennial 
session of the legislative assembly, containing a financial statement 
showing the condition of all funds appropriated for the use of such 
college and experiment station, also the moneys expended and the pur- 
poses for which the same were expended in detail, also the condition 
of the institution and the results of the experiments carried on there. 

Sec. 1616. DEGREES MAY BE CONFERRED.] The board and the 
faculty shall have power to confer degrees upon all persons who shall 
have completed the course of study prescribed by them, and who shall 
have passed a satisfactory examination in the branches contained in 
such course and who possess a good moral character. 

Sec. 1617. ACCEPTANCE OF LAND GRANT.] The grants of land 
accruing to this state by virtue of an act of congress donating public 
lands for the use and support of agricultural colleges approved February 
22, 1889, is hereby accepted with all the conditions and provisions in 
said act contained, and said lands are hereby set apart for the use and 
support of the colleges herein provided for. 



STATE OF NORTH DAKOTA 133 



Sec. 1618. BOND OF TREASURER.] The treasurer of such college 
shall give a bond in the sum of fifty thousand dollars with at least four 
sureties to be approved by the board of trustees of such college, con- 
ditioned for the faithful accounting of all moneys received by him as 
such treasurer. 

ARTICLE 28.— PUBLIC HEALTH LABORATORY 

Sec. 1650. LABORATORY ESTABLISHED.] There is hereby estab- 
lished a public health laboratory. Such laboratory shall be established 
at the state university and school of mines. It shall be under the 
control and regulation of the trustees of the university and the professor 
of bacteriology and pathology at the state university shall be the director 
of said laboratory. 

Sec. 1651. DIRECTOR MAKES EXAMINATIONS.] It shall be the 
duty of the director of said laboratory to make bacteriological exami- 
nations of bodily secretions and excretions, waters and foods, and make 
preparations and examinations of pathological tissues submitted by the 
state superintendent of public health, or by any county (superintendent) 
of public health, or by any regularly licensed physician of North Dakota. 
These analyses and preparations shall be made and the results furnished 
as expeditiously and promptly as the nature of the work and the equip- 
ment of the laboratory permits. 

Sec. 1652. STATISTICS COLLECTED.] The board of trustees shall 
cause to be collected and tabulated such sanitary statistics, and shall 
cause to be ascertained by research work such methods as will lead to 
the improvement of the sanitation of the various parts of the state. 

Sec. 1653. SPECIMENS PRESERVED.] It shall be the duty of the 
said board to cause proper specimens of bacteriological and pathologi- 
cal material discovered or examined in the work of said laboratory to 
be skillfully prepared, secured, labeled and preserved for public inspec- 
tion free of cost in the university of North Dakota in rooms convenient 
of access and properly furnished and in charge of a proper scientific 
curator. 

Sec. 1654. DIRECTOR ISSUES BULLETINS.] The director of said 
laboratory shall cause to be issued from time to time, bulletins and 
reports setting forth the results of the sanitary and pathological work 
done in such laboratory. The substance of these bulletins and reports, 
embodying all useful and important information resulting from the work 
carried on in such laboratory each year, shall be incorporated in an 
annual report to the governor, who shall lay the same before the legis- 
lative assembly. 

Sec. 1655. WHO DIRECTOR.] The professor of bacteriology and 
pathology in the medical college of the state university shall be the 
director of the public health laboratory and shall be the ex-officio the 
state bacteriologist. 

Sec. 1656. APPROPRIATION.] For the purpose of meeting the nec- 
essary expenses in the conduct of the public health laboratory in the 



134 GENERAL SCHOOL LAWS 

medical department of the state university and school of mines at Grand 
Forks, and of its branches now established at Bismarck and at Minot, 
there is hereby annually, and commencing January first, 1911, appro- 
priated out of the state treasury from any moneys not otherwise appro- 
priated, the sum of ten thousand dollars, or so much thereof as may 
be necessary, subject to the control and regulations of the board of 
trustees of the state university and school of mines. 

Sec. 1657. INSTITUTE ESTABLISHED.] There is hereby established 
a serum institute. Said institute shall be established at the state agri- 
cultural college and experiment station and shall be under the control 
and regulation of the trustees of the state agricultural college and 
experiment station and the professor of veterinary science of the agri- 
cultural college shall be the director of the said serum institute. 

Sec. 1658. DUTY OF DIRECTOR.] It shall be the duty of the director 
of said institute to manufacture or cause to be manufactured vaccines, 
sera and other agents for the prevention, eradication, cure and control 
of tuberculosis, glanders, hog-cholera, black-leg and other infectious or 
contagious diseases. ***** 

Sec. 1659. SERUM TO BE DISTRIBUTED.] It shall be furthermore 
the duty of the director of said institute to distribute or cause to be 
distributed to citizens, residents of the state of North Dakota, free of 
charge, said vaccines, sera and other agents upon application, showing 
evidence that the issue of said vaccines, sera and other agents is war-, 
ranted for existing conditions, and upon such conditions as may be 
prescribed by the live stock sanitary board. 

Sec. 1660. SERUM MUST NOT BE SOLD.] It shall be unlawful for 
any one receiving said vaccines, sera and other agents issued by the 
state serum institute, to sell or offer for sale said vaccines, sera and 
other agents and a failure to observe these provisions shall be deemed 
a misdemeanor and on conviction shall be punished by a fine of not 
less than twenty-five dollars and not exceeding one hundred dollars. 

Sec. 1661. APPROPRIATION.] There is hereby appropriated out of 
any money in the state treasury, not otherwise appropriated, the sum 
of three thousand dollars per annum to be paid quarterly to the treas- 
urer of the state agricultural college and experiment station, on the 
first days of April, July, October and January of each year, upon the 
order of the state auditor, who is hereby directed to draw his order for 
the same for the use of the serum institute as herein provided for the 
purpose of paying the expenses incurred by said serum institute, subject 
to the control and regulation of the board of trustees of the state 
agricultural college. 

ARTICLE 29.— AGRICULTURAL AND GEOLOGICAL SURVEY 

Sec. 1162. AGRICULTURAL COLLEGE BOARD CO-OPERATE.] The 
board of trustees of the agricultural college of the state of North Dakota 
is hereby authorized to co-operate with the directors of the United 
States federal surveys and to accept the co-operation of the United 



STATE OF NORTH DAKOTA 135 



States with this state in executing a topographic, economic and agri- 
cultural survey and map of North Dakota, which is hereby authorized 
to be made; and the said board of trustees shall have the power to 
arrange with said directors, or other authorized representatives of the 
United States government surveys, concerning the details of said work, 
the methods of its execution, and the order in part of time in which 
these surveys and maps of the different parts of the state shall be 
completed; provided, that the said directors of the United States gov- 
ernment survey, thus co-operating with the state of North Dakota, shall 
agree to expend on the part of the United States upon said work a 
sum equal to that appropriated by the state of North Dakota for that 
purpose. 

Sec. 1663. MAPS UNIFORM WITH U. S. MAPS.] In arranging the 
details heretofore referred to, it is expected that the topographic maps 
resulting from this survey shall be similar in design to the Fargo and 
Casselton sheets already made by the United States geological survey; 
that they shall show the location of all roads, railroads, streams, lakes 
and rivers, and shall contain certain lines showing the elevation and 
depression for every twenty feet of vertical interval of the surface of 
the county; and that the resulting maps shall recognize the co-operation 
of the state of North Dakota. 

Sec. 1664. MAKE AN ECONOMIC SURVEY.] Following the comple- 
tion of the topographic maps, or as rapidly as deemed expedient, an 
economic survey shall be made, including a complete account of all 
economic resources of agricultural importance, including the character 
and value of soil for agricultural purposes, the nature and extent of 
water supplies, both surface and artesian, together with the analysis 
of soils, waters, etc., including also the collecting and tabulating of 
meteorological data necessary in explaining climatic variations, and such 
other investigations as naturally belong to an economic survey. 

Sec. 1665. STATE DIRECTOR TO COLLECT SAMPLES.] It shall 
be the duty of the state director of this survey to collect or cause to 
be collected, samples of rocks, soils, coals, clays, minerals, fossils, plants, 
woods, skins and skeletons of native animals, and such other products 
of economic or scientific interest discovered during this survey, which 
properly secured and labeled, shall be placed on exhibition in the 
museum of the North Dakota agricultural college. 

Sec. 1666. ARRANGE TO PUBLISH MAPS.] The state director of 
this survey shall arrange with the directors of the government surveys 
for the publications of economic maps resulting from this survey, which 
shall be similar in design to, and uniform with the publication now 
made by these surveys accompanied by (a) the written description of 
the formations and economic resources, which shall constitute a report, 
embodying and setting forth all useful information developed during these 
investigations. 

Sec. 1667. PUBLISH REPORTS.] There shall be published from time 
to time, as bulletins of the North Dakota experiment station, prelimi- 
nary reports of this survey, as the work progresses, showing the results 



136 GENERAL SCHOOL LAWS 



of the survey and investigations conducted, together with preliminary 
maps showing the areas covered and these preliminary reports shall be 
sent gratis to all citizens of North Dakota making application. 

Sec. 166S. MAKE BIENNIAL REPORT TO GOVERNOR.] It shall be 
the duty of the said board of trustees, through the state director of this 
survey, to make on or before the second Tuesday of December of each 
year, immediately preceding the regular sessions of the legislative as- 
sembly of North Dakota, a biennial report to the governor, showing 
the progress of the survey, accompanied by copies of the maps com- 
pleted, and results accomplished, together with a report of all moneys 
received and expended; and the governor shall lay this report before 
the legislative assembly. 

Sec. 1669. STATE DIRECTOR.] The professor of geology of the 
North Dakota agricultural college shall act, under the direction of the 
board of trustees of said institution, as state director of this survey. 

Sec. 1670. APPROPRIATION.] There is hereby appropriated out of 
the money of the state treasury, not otherwise appropriated, the sum 
of five hundred dollars ($500) annually, which shall be paid by the 
state treasurer upon a draft from the secretary of the board of trustees, 
having in control this survey. 

Sec. 1671. NAME.] This survey shall be known as the Agricultural 
College survey of North Dakota. 

Sec. 1672. NOT CONFLICTING.] This act is not to be construed as 
conflicting in any manner with or repealing the geological survey of 
North Dakota already established at the state university. 

Sec. 1673.' BELONG TO THE STATE.] Any lands belonging to the 
state, or lands known as school lands and public institution lands, in 
which is discovered any valuable deposit of coal or minerals of any 
kind, clay, gravel or stone shall be and remain the property of the 
state until provision for the sale or leasing thereof is especially provided 
by law. 

ARTICLE 30.— EXTENSION AND DEMONSTRATION 

Sec. 1. APPROPRIATIONS.] There is hereby appropriated out of 
any funds in the treasury of the state of North Dakota, not otherwise 
appropriated the sum of $40,450.00, of which sum $17,627.00 shall be 
available in the year 1917, and $22,823.00 shall be available in the year 
1918, being an amount equal in each of the years 1917 and 1918 of the 
appropriation made by the Federal Government under the Smith-Lever 
act of the State of North Dakota, to be used by the Department of 
Agricultural Extension of the North Dakota Agricultural College in pro- 
viding for, and conducting co-operative extension work with the United 
States Department of Agriculture; the establishment of and carrying 
on of agricultural demonstrations on the farm and in the home; the 
promotion of the agricultural work and contests among boys and girls; 
such other agricultural extension work as may be required, and the 
publishing of bulletins and circulars containing information for the 
farm and home. Chap. 4, p. 7, 1917. 



STATE OF NORTH DAKOTA 137 



ARTICLE 31.— LIST OF PUBLICATIONS 

Sec. 1. AGRICULTURAL COLLEGE TO FURNISH LIST OF PUBLI- 
CATIONS TO COUNTY AUDITOR.] The Agricultural College shall fur- 
nish each County Auditor in this State, on or before the 15th day of 
May each year, a list containing titles of every publication published 
by it for free distribution and shall specify in such list the name and 
address of the department from which each publication may be obtained 
upon application. 

Sec. 2. DUTIES OF COUNTY AUDITORS.] It shall be the duty of 
each County Auditor in this state to have a list published in the official 
paper or papers of the county, for one issue, during the first week in 
June of each year. Chap. 3, p. 4, 1915. 

ARTICLE 32.— THE EXPERIMENT STATION 

Sec. 1619. EXPERIMENT STATION.] The agricultural experiment 
station heretofore established in connection with the agricultural college 
is continued and the same shall be under the direction of the board of 
trustees of such college, for the purpose of conducting experiments 
in agriculture according to the provisions of section 1 of the act of 
congress approved March second, 1887, entitled "An act to establish 
agricultural experiment stations in connection with the colleges estab- 
lished in- the several states under the provisions of an act approved 
July second, 1862, and of the acts supplementary thereto." 

Note: Sections 1620 to 1649 contain the legislation governing the experi- 
mental stations but as the subject matter is concerned with agriculture 
rather than education, those interested are referred to the sections 
named above as they appear in the Compiled laws. 

Agricultural experiment sub-stations, of which there are six in addi- 
tion to the main station at Fargo, are governed by the following sections: 

Sections 1627, 28. THE DICKINSON SUB-STATION. 

Sections 1639, 40. THE HARVEY SUB-STATION. 

Sections 1643, 44. THE HETTINGER SUB-STATION. 

Sections 1633, 34, 1634 (a), 35, 36, 37. THE LANGDON SUB-STATION. 

Sections 1641, 42. THE MANDAN SUB-STATION. 

Sections 1629, 30, 31, 32. THE WILLISTON SUB-STATION. 

(The North Dakota Government Agricultural Experiment Station in 
addition to its educational function performs many services for the State 
of a police nature. The experiment station is empowered: 

Sec. 2948 to make analysis of drugs and medicines. 

Sec. 2949 to transmit facts to the attorney general and state's 
attorney. 

Sec. 2883 to inspect and analyze foods and beverages. 

Sec. 1625 to make tests of cereals. 

Sec. 2918, 2919 and 2920 to enforce feeding stuffs laws. 

Sections 2904 to and including 2910 to inspect, analyze and test seeds. 

Moreover the director of the station is assigned a number of police 
duties: 



GENERAL SCHOOL LAWS 



Sec. 1877 director of State Farmers Institutes. 

Sec. 2834 to act as inspector of nurseries. 

Sec. 2925 to assist in the enforcement of the paint law. 

Sec. 2935 to enforce Paris green law. 

Sec. 2929 to enforce formaldehyde law. 

Sec. 2970 to enforce sanitation of food producing establishments. 

Sec. 2897 to enforce fertilizer laws.) 

ARTICLE 33.— COUNTY AGRICULTURAL AND TRAINING SCHOOLS 

Sec. 1455. GENERAL OR SPECIAL ELECTION TO ESTABLISH 
SCHOOL. APPROPRIATION BY COUNTY COMMISSIONERS.] Whenever 
in the opinion of the citizens of any county in the state, it shall be 
deemed wise to establish a county school for the purpose of giving 
instruction in agricultural, domestic economy, manual training and for 
training of teachers for the rural schools and a petition containing 
the names of not less than three hundred freeholders is filed with the 
board of county commissioners, praying for the establishment of such 
a school such board of county commissioners shall at its next regular 
meeting consider such petition and in case such board of county com- 
missioners decide in favor of establishing such school, such board of 
county commissioners shall submit the question of establishing and 
maintaining such school to the electors of such county either at the 
next general election or they may order a special election for the pur- 
pose of determining whether such county shall establish such school. 
Such special election shall be held in the manner and upon the notice 
prescribed by law for other elections; but the published and posted 
notices of such election shall state its object and the amount of money 
to be appropriated for the establishing of such school. If the majority 
of all the votes cast at such general or special election upon the ques- 
tion of establishing such school are in favor of establishing such school, 
the board of county commissioners of such county is hereby authorized 
to appropriate money for the organization, equipment and maintenance 
of same and to levy and spread on the tax roll a sufficient sum to carry 
into effect the provisions of this act; but such sum shall not be less 
than ten thousand dollars, nor more than twenty thousand dollars, and 
not exceeding such sum as may be recommended by the board of trustees 
of the county agricultural and training school created by this act, which 
sum together with any gift or donation offered by any city or village 
desiring the location of such school shall be sufficient to purchase a 
building already constructed or to purchase material or labor to erect 
a new main building and such outbuildings as may be necessary; said 
sum may be all levied in one year, or the board of trustees of the county 
agricultural and training school created by this act may issue and sell 
certificates of indebtedness in an amount not to exceed said sum plus 
any additional amount required to pay the interest that may accrue on 
such certificates, which interest shall not exceed six per cent per annum 
and shall be paid annually. Such certificates shall be paid in five equal 
yearly payments and in case such certificates are issued and sold, it 



STATE OF NORTH DAKOTA lo9 

shall be the duty of the county board to levy and spread upon the 
tax roll a sufficient sum to pay the same as they become due together 
with accrued interest. 

Sec. 1456. JOINT MAINTENANCE BY COUNTY AND STATE.] After 
the establishment of such a school, the maintenance thereof shall be 
borne jointly by such county and the state, as hereinbefore provided. 
The Board of County Commissioners are hereby empowered and directed, 
annually, to levy and spread on the tax roll a sum sufficient to pay the 
county's share of the cost of maintenance; provided that not to exceed 
one-half of the yearly cost of maintenance shall be paid by the state, 
but the state's share of such maintenance shall not exceed the sum of 
Five Thousand ($5,000) Dollars in any one year; it being the intent of 
this act that a sum at least equal to the state's share shall be levied 
and paid by the county, but this is not to prevent the county from 
levying a greater sum for maintenance,, if deemed necessary; provided 
that the Board of County Commissioners may from time to time levy 
and spread upon the tax roll such additional sums of money for the 
erection and construction of additional buildings and improvements, or 
for the purchase of equipment, but levies for improvement or equipment 
shall not exceed the sum of five thousand dollars in any one year, 
without first having been submitted to a vote of the electors of such 
county as provided in Section 1455. Chap. 207, p. 293, 1917. 

Sec. 1457. TREASURER OP BOARD. FUNDS. HOW PAID OUT.] 
The county treasurer shall be and shall act as the treasurer of the board 
of trustees and all funds levied and collected for the purpose of estab- 
lishing and maintaining such a school shall be placed in his hands, the 
same as all other funds and shall be paid out, on the order of the presi- 
dent of the board of trustees and countersigned by its secretary. 

Sec. 1458. BOARD OF TRUSTEES.] There is hereby created for any 
county desiring to establish such a school a board consisting of five 
members to be known as "The Board of Trustees" of the county agri- 
cultural and training school, of which the county superintendent of 
schools shall be a member and of which he shall in all cases act as 
secretary; the other four shall be appointed by the board of county 
commissioners, two of whom shall serve for the balance of the school 
year ending June thirtieth, following their appointment and two shall 
serve until the end of the second school year or until their successors 
are appointed and have qualified. 

TERMS. After the organization of such board of trustees the terms 
of appointment of the members of such board shall be for a term of 
two years, the terms of two members expiring at the end of each school 
year, but no member of the board of county commissioners shall be 
eligible to appointment on the board of trustees during his term of office 
as a member of the board of county commissioners. Vacancies occurring 
in the board of trustees, excepting in the case of the county superin- 
tendent, shall also be filled by appointment by the board of county 
commissioners within sixty days after they occur. 

Sec. 1459. OATH AND BOND OF MEMBERS. ORGANIZATION OF 



140 GENERAL SCHOOL LAWS 



BOARD. COMPENSATION. TAX.] Each person appointed a member 
of the board of trustees shall within ten days after notice of such ap- 
pointment, take an oath to discharge his duties faithfully, which oath 
together with a bond, in the sum of two thousand dollars, shall be filed 
in the office of the county auditor. 

ORGANIZATION. Within fifteen days after their appointment the 
members shall meet and organize by electing, one of their number presi- 
dent. 

COMPENSATION. The members shall receive no compensation except 
their actual expenses while going to and from and while attending the 
meetings of the board of trustees and in the necessary discharge of 
their official duties in establishing, equipping and maintaining the school. 

TAX FOR SUPPORT. After having determined the amount of money 
required to establish, equip and maintain the school for one year, the 
secretary shall make a report of the estimated amount required, to 
the county auditor, in sufficient time to spread on the tax roll, but any 
such amount shall be subject to the approval of the board of county 
commissioners. Should the board of county commissioners deem it ad- 
visable to sell certificates of indebtedness in lieu of making a tax levy, 
it shall be done as required by Section 1455 of this act. 

Sec. 1460. STATE AGRICULTURAL AND TRAINING SCHOOL 
BOARD. HOW CREATED.] There is hereby created a state agricultural 
and training school board which shall consist of the president of the 
state agricultural college, the state superintendent of public instruction 
and three practical farmers who shall be appointed by the governor of 
this state, one of whom shall serve until the end of the first school 
year, one of whom shall serve until the end of the second school year, 
and one of whom shall serve until the end of the third school year 
after the organization of this board; it being the intent of this act 
after the organization of this board, that the term of each appointed 
member of this board shall be for three years and no two of whose 
term shall expire in the same year. The president of the agricultural 
college shall be president of this board and the superintendent of public 
instruction shall be its secretary. This board shall meet at such time 
and place as its president may direct and shall prescribe the course 
of study to be pursued in the county agricultural and training schools, 
which shall include, first, instruction in the elements of agriculture in- 
cluding the study of soil, horticulture and plant life, animal life on the 
farm, a system of farm accounts, and manual training and domestic 
economy; second, instructions in the common branches and such other 
branches as are necessary for the training of teachers in the rural 
schools, in methods of school management and provisions for observa- 
tion and practice in the art of teaching. 

POWERS AND DUTIES. The state board of agricultural and train- 
ing schools shall determine the qualifications to be required of the 
principal and other teachers in said school, and the president and secre- 
tary of the said state board shall each have a vote in the election of, 
and fixing the salaries of the principals of said schools. The other 



STATE OF NORTH DAKOTA 141 



teachers shall be elected by the board of trustees of each school estab- 
lished under this act. It is provided that the course of study in the 
department of agriculture shall be so framed as to correlate with the 
courses of study in the state agricultural college so that students from 
the county schools shall be admitted without examination to the next 
higher class in the state agricultural college next following that which 
they have completed in the county school. The superintendent of public 
instruction and the president of the agricultural college shall visit and 
inspect each of said schools at least once each year, and make a report 
to the governor, relating to property management, instruction and effi- 
ciency of these schools, and make such recommendations as in their 
judgment will further the efficiency and usefulness of any or all of such 
schools. 

Sec. 1461. SITE FOR SCHOOL,. After the board of county commis- 
sioners have decided to establish a school it may receive offers of loca- 
tion, as well as money from each village or city desiring to have a 
school located within or near its boundaries; such offers and location 
shall be examined and considered by the board of county commissioners 
after which the board of county commissioners shall accept in the name 
of the county such site and money or other valuable property in aid of 
establishing a school as in their judgment may seem best, receiving to 
all lands bought or donated for a school site, a deed in the name of 
the county. 

BOARD TO BUILD. The board of trustees shall thereafter proceed 
to build such school as soon as all other requirements prescribed by 
the act therefore necessary have been complied with. 

Sec. 1462. SCHOOL FREE TO WHOM.] Any school organized under 
the provisions of this act shall be free to residents of the county con- 
tributing to its support, but whenever students desire admission to the 
school in sufficient numbers to warrant the organization of special classes 
for their instruction, such classes shall be organized and continue for 
such time as the trustees may direct. 

BOARD TO MAKE RULES. The board of trustees shall make rules 
prescribing the conditions under which students may enter who are not 
residents of such county. 

Sec. 1463. WHEN SCHOOL DEEMED TO BE ESTABLISHED.] When 
a county has determined as herein provided to establish, equip and main- 
tain a county agricultural and training school, the trustees shall through 
the secretary and president make application to the superintendent of 
public instruction for the establishment of such a school. The applica- 
tion shall be accompanied by a certified statement^ from the chairnian 
of the board of county commissioners, and the county auditor, that the 
necessary tax levy will be made for the establishment and maintenance 
of such school. Such application shall be referred to the state board 
of agricultural and training schools, who shall determine as to its 
acceptance or rejection. If the application from any county for the 
establishment of such school is granted by them, and when subsequently 



142 GENERAL SCHOOL LAWS 



all the provisions of this act are complied with by the county board 
and board of trustees, the county agricultural and training school shall 
be considered as established in and for such county, and shall upon its 
compliance with the other provisions of this act receive aid from the 
state as provided herein. 

Sec. 1464. PROCEDURE TO OBTAIN STATE AID.] On the first day 
of July in each year the secretary of each county agricultural and 
training school board of each county maintaining a school on the ap- 
proved list shall report to the state superintendent, setting forth the 
facts relating to the cost of maintaining the school, the character of the 
work done, the number and names of teachers employed and such other 
matters as may be required by the state board of agricultural and 
training schools. Upon the receipt of such report, if it shall appear 
that the school has been maintained in a satisfactory manner for a 
period of not less than nine months during the year closing on the 
thirtieth day of the preceding June, the superintendent of public instruc- 
tion, as secretary of such board shall make a certificate to that effect 
and file it with the state auditor. Upon receiving such certificate the 
state auditor shall draw his warrant payable to the treasurer of the 
county maintaining such school a sum equal to one-half (%) the amount 
actually expended for maintaining such school during the year; pro- 
vided, that the total amount as apportioned shall not exceed three 
thousand dollars in any one year. 

Sec. 1465. TRAINING SCHOOL CERTIFICATES AFTER COMPLE- 
TION OF COURSE.] Any person, who shall complete in a satisfactory 
manner the course of study prescribed for any county agricultural and 
training school and who shall be of good moral character shall receive 
a certificate signed by the principal of the school and by the members 
of the county training school board. Such certificate shall certify that 
the person named therein has satisfactorily completed the course of 
study prescribed for the county school and is of good moral character; 
it shall also contain a list of the standings secured by the person on 
the completion of such studies pursued in the school. Such certificates 
shall have the force and effect of a second-grade certificate issued by 
the county superintendent of 'the county in which the school is located, 
for a term of two years from the date of its issue; provided, that in 
case the holder thereof has never taught or cannot furnish satisfactory 
evidence of having successfully taught for at least one school year in 
the public schools of this state, said certificate shall be of full force 
and effect for one year only from its date of issue. When satisfactory 
evidence of successful teaching for at least one year upon said training 
school certificate shall be furnished to the county superintendent, said 
superintendent shall remove the limitation, whereupon the training 
school certificate shall have the full force and effect of a teacher's 
certificate of the second grade for two additional years. Any school 
superintendent or officer authorized to grant certificates to teachers in 
North Dakota is hereby authorized in his discretion to accept standings 



STATE OF NORTH DAKOTA 113 

obtained by the completion of studies in any county and agricultural 
training school in lieu of actual examination by said superintendent 
or examiner at any time within three years from the date of the certifi- 
cate of completion of the course by the person desiring to have such 
standings accepted. This provision shall apply to certificates of second 
grade. 

Sec. 1466. ESTABLISHMENT OF SCHOOLS FOR TWO OR MORE 
ADJOINING COUNTIES.] The county boards of two or more adjoining 
counties may unite in establishing and maintaining agricultural and 
training school for teachers for the purpose and on the general plan 
as provided for in Section 145-5 of this act, and may appropriate money 
for its maintenance, and whenever two or more counties unite in estab- 
lishing such school the county superintendent of the county in v/hich 
the school house is situated shall be ex-officio secretary of the board, 
and the board of trustees shall consist of two members appointed from 
each of the counties so uniting in establishing and maintaining such 
school and no member of any board of county commissioners shall be 
eligible. 

Sec. 1467. TAX FOR MAINTENANCE OF SUCH JOINT SCHOOLS.] 
Whenever two or more counties unite in maintaining and establishing 
such school the board of trustees provided for in such cases shall de- 
termine the amount of money necessary for the maintenance and equip- 
ment of the school for the next succeeding year and annually thereafter. 
They shall apportion the amount to be raised by taxation among the 
counties in proportion to the assessed valuation of the real and personal 
property in each county as fixed by the state board of equalization and 
shall report to the county auditor of each county on or before the first 
Monday of May in each year, the amount of apportionment so fixed, 
and such apportioned amount shall be levied by the board of county 
commissioners of each county for the ensuing year for the support of 
such schools. 

Sec. 1468. COUNTY TREASURER EX-OFFICIO TREASURER.] The 
county treasurer of the county in which the school is located shall be 
ex-officio treasurer of the agricultural and training school board, and 
all moneys appropriated and expended under the provisions of this act 
shall be expended by the board of said county training school and shall 
be paid by the said county treasurer on orders drawn by the secretary 
and countersigned by the president. 

Sec. 1469. FUND CREATED.] For the purpose of providing funds 
for the payment of such claims ?.s the state hereby obligates itself to 
do and the warrants thereon drawn, there is hereby created a fund to 
be known as the state agricultural and training school fund. 

"Sec. 1470. SPECIAL TAX FUND.] It shall be the duty of the state 
board of equalization at the time of the lery of the annual tax to 
estimate the amount required to pay the state's share of the cost of 
maintaining the county agricultural and training schools established 
under the provisions, of this act, and to levy a special tax of not to 
exceed one-fifth (1/5) of one mill on the dollar upon the assessed 



144 GENERAL SCHOOL LAWS 



valuation of all property in the state, which tax when collected shall 
be paid into the hands of the state treasurer who shall at once enter 
the same into the state agricultural and training school fund. Said 
fund shall be preserved inviolate for the payment of the state claims 
provided herein. 

Sec. 1471. ACTS, PROCEEDINGS AND ELECTIONS LEGALIZED.] 
That all acts and proceedings heretofore had by the board of county 
commissioners in any county, preliminary to submitting to the voters 
of such county at either a general or special election, the question 
whether such county shall establish a county agricultural and training 
school under the provisions of Chapter 265, Session Laws of 1911, and 
all general or special elections held pursuant to such acts, proceedings, 
calls and notices shall be and are hereby legalized in. each and every 
case, and hereby declared valid acts, proceedings, calls, notices and 
elections. And this shall be true notwithstanding the omission of any 
matter or thing by law required as a pre-reqaisite to the submission 
of such question at a general or special election and the holding of 
such election, and notwithstanding defects or omissions in the proceed- 
ings had preliminary to or in the calling of, and the giving of the 
required notice of the submission of such question, for the establishment 
of such county agricultural and training school at such general or 
special election; and notwithstanding the omission of any matter or 
thing by law required to be stated in such notice; and notwithstanding 
any defect in the form of or the omission from the ballot used at such 
general or special election, any matter or thing required by law therein 
to be stated. 

ARTICLE 34.— INDUSTRIAL SCHOOL 

Sec. 1725. NAME AND OBJECTS.] That the institution known as 
the industrial school and school for manual training, located at Ellen- 
dale, Dickey county, North Dakota, be henceforth designated the state 
normal and industrial school, the object of such school being to provide 
instruction in a comprehensive way in wood and iron work and the 
various other branches of manual training, cooking, sewing, modeling, 
art work, and the various other branches of domestic economy as a 
co-ordinate branch of education, together with mathematics, drawing 
and the other necessary school studies, and to prepare teachers in the 
science of education and the art of teaching in the public schools, with 
special reference to manual training. 

Sec. 1726. ENDOWMENT.] All proceeds accumulating in the interest 
and income fund arising from the sale or leasing of all lands granted 
or hereafter to be granted by the State of North Dakota for the said 
industrial school, are hereby pledged for the establishment and main- 
tenance of said industrial school. 

Sec. 1727. MANAGEMENT BY TRUSTEES. 

Sec. 172S. MEETINGS OF TRUSTEES AND COMPENSATION OF 
THE SAME. 

Sec. 1729. OATH. BOND. PLANS AND SPECIFICATIONS.] Before 



STATE OF NORTH DAKOTA 14& 

entering upon the duties of his office each member of said board of 
trustees shall take and subscribe an oath as follows: "I do solemnly 
swear that I will support the constitution of the United States and the 
constitution of the state of North Dakota and will faithfully discharge 
the duties of board of trustees of the state industrial school according 
to the best of my ability; that I have not received and will not know- 
ingly and intentionally, directly or indirectly receive any money or 
other consideration from any source whatever for any vote or influence 
I may give or withhold or for any other official act I may perform as 
such trustees, except as herein provided." He shall also execute a 
bond in the penal sum of three thousand dollars, for the use and benefit 
of the state of North Dakota, with two or more good and sufficient 
sureties to be approved by the governor, and be filed with the secretary 
of state, conditioned upon the faithful performance of his duties and 
the honest and faithful disbursement of and accounting for all moneys 
which may come into his hands under the provision of this article. The 
members of said board having taken the foregoing oath and executed 
the bond as aforesaid are hereby empowered and required to cause to 
be prepared suitable plans and specifications by a competent architect. 
Such plans shall contemplate the erection of a building or buildings 
which will accommodate not less than one hundred nor more than five 
hundred students, and shall be accompanied by specifications and by 
a detailed estimate of the amount required and description of all ma- 
terial and labor required for the erection and full completion of the 
building or buildings ; and no plan shall be adopted that contemplates 
the expenditure of more money for its completion than the amount 
reasonably necessary to carry out the object of said institution. 

Sec. 1730. SUPERINTENDENT OP CONSTRUCTION. PROPOSALS 
FOR BUILDING.] The said board of trustees shall employ the architect 
whose plans and specifications are accepted to act as superintendent 
of construction, who shall receive for such plans and specifications and 
for superintending construction such pay as the board by agreement 
may determine; which pay shall not exceed an amount equal to five 
per cent of the estimated cost of said building. Whenever the said 
plans and specifications shall have been approved and adopted by a 
majority of the board of trustees they shall cause to be inserted in at 
least two of the daily newspapers published in the state of North 
Dakota, and having a general circulation therein an advertisement for 
sealed bids for the construction of the buildings herein authorized, 
and they shall furnish a printed copy of this article, and a copy of the 
plans and specifications to any person or persons applying therefor; 
provided, said trustees may advertise as aforesaid whenever there shall 
be a sufficient amount of money to the credit of said industrial school 
with which to construct all or any part thereof deemed expedient by 
said trustees to erect or construct; provided, further, that said building 
or buildings shall be erected on the piece or parcel of land at or near 
the city of Ellendale, in Dickey county, donated by the citizens of said 
city, and now held in fee simple by the state of North Dakota. No 



146 GENERAL SCHOOL LAWS 



trustees or officers of said industrial school shall be in any way inter- 
ested in any contract for the erection of said building or buildings or 
furnishing any material for said buildings, and if any such officer be 
so interested he shall be deemed guilty of a misdemeanor and on convic- 
tion be fined in any sum not exceeding five thousand dollars. 

Sec. 1731. TREASURER TO KEEP FUNDS. ACCOUNTS, HOW AUD- 
ITED.] All moneys that may accrue from the interest and income 
derived from the renting and sale of lands hereinbefore appropriated 
and all moneys that may hereafter be appropriated by the legislative 
assembly of North Dakota including all moneys raised in any other 
manner for said school shall be deposited -with the state treasurer, to 
be by him kept in a separate fund, -which shall be known as the state 
industrial school fund; and such funds shall be used exclusively for 
the benefit of said school as may be herein or hereafter provided. The 
board of trustees of the state industrial school shall audit all accounts 
against the funds appropriated by the legislative assembler of the state 
of North Dakota, or held by the state for the use of the state industrial 
school, and the state auditor shall issue his warrant upon the state 
treasurer for the amount of all accounts which have been so audited 
and allowed by the board of trustees and attested by the president 
and secretary of said board. The board of trustees of the state indus- 
trial school shall direct the disposition of all moneys appropriated, 
or that may hereafter be appropriated by the legislative assembly of 
the state of North Dakota, or may hereafter accumulate in any manner 
in the state industrial school fund. The board shall have the power 
to receive all donations, gifts and bequests that may be offered or ten- 
dered to or for the benefit of such school, and dispose of the same. 
All moneys coming into the hands of such board shall be immediately 
covered into the state treasury to the credit of the state industrial 
school fund. 

Sec. 1732. FACULTY.] The -board of trustees shall have power to 
employ a president and necessary teachers, instructors and assistants 
to conduct such school, and to prescribe their respective duties and to 
fix the salaries of such employes. They shall have power to remove 
the president, instructors and assistants and to fill all vacancies. The 
faculty shall consist of the president, teachers and instructors, and it 
shall pass all needful rules and regulations for the government and 
discipline of the school and all such rules and regulations as are nec- 
essary for the preservation of morals, decorum and health. 

Sec. 1733. MILITARY INSTRUCTION REQUIRED.] The state nor- 
mal-industrial school is authorized and required to give theoretical and 
practical instruction in military science under such rules and regulations 
as the faculty of said institution may prescribe. 

Sec. 1734. INSPECTION BY ADJUTANT GENERAL.] Such company 
or companies as may be organized and drilled at said institution shall 
be subject to regular inspection by the adjutant general of the state 
of North Dakota, or by an officer detailed for that purpose. 

Sec. 1735. MUSKETS TO BE LOANED.] The adjutant general is 



STATE OF NORTH DAKOTA 147 



hereby authorized to loan to said state normal-industrial school fifty 
muskets and accoutrements, or such part thereof as may be available, 
for efficiently organizing and drilling said company or companies, the 
adjutant general to prescribe the terms upon which such loan may be 
made. 

Sec. 1736. APPROPRIATION.] There is hereby appropriated out of 
the state treasury for said state normal-industrial school from any 
moneys not otherwise appropriated, the sum of one hundred fifty dollars 
annually for the purchase of such stores as may be necessary for target 
practice.^ 

Sec. 1737. REPORTS.] The faculty shall make an annual report to 
the board of trustees on or before the first Monday of November of each 
year, showing the condition of the school and containing such recom- 
mendations as the v/elfare of the institution shall demand. The board 
of trustees shall make a report to the governor on or before the fifteenth 
day of November next preceding each biennial session of the legislative 
assembly, containing the several reports of the faculty herein provided 
for, and showing the condition of the funds appropriated for the school, 
the money expended and the purpose for which the same was expended 
in detail, and showing the number of students in attendance, the work 
accomplished by them, and the condition of the school in general. 

ARTICLE 35.— NORTH DAKOTA ACADEMY OF SCIENCE 

Sec. 1596. OBJECT OF ACADEMY OF SCIENCE.] The North Dakota 
academy of science heretofore established at Wahpeton is hereby con- 
tinued as such. The object of such academy shall be to furnish instruc- 
tion in the pure and applied sciences, mathematics, languages, political 
science, and history as is usually given in schools of technology below 
the junior year, the chief object being the training of skilled workmen 
in the most practical phases of applied science. A general science 
course may also be offered, consisting of three years' work above the high 
school course. Upon completion of either of the above courses the board 
of trustees may grant appropriate certificates of the work accomplished. 

Sec. 1597. HOW GOVERNED.] Such school shall be under the direc- 
tion and management of a board of ti;ustees and shall be erected, gov- 
erned and maintained as hereinafter provided. 

Sec. 1598. RELATES TO BOARD OF TRUSTEES. 

Sec. 1599. POWERS OF BOARD.] Such board shall have power 
to buy or procure the necessary ground and to erect and equip the 
necessary buildings for said school, to appoint a principal and assistants 
to take charge of such school and such other teachers and officers as 
may be required and fix the salaries of each and prescribe their several 
duties. It shall also have power to remove, either principal, assistant 
or teacher and appoint others in their stead. The board shall prescribe 
the various books to be used in such school and shall make all the 
regulations and by-laws necessary for good government and main- 
tenance of the same and shall have power to procure all necessary ap- 



14:6 GENERAL SCHOOL LAWS 



paratus, instruments and appurtenances for instruction in said school. 

Sec. 1600. RULES AND REGULATIONS.] The board shall prescribe 
such rules and regulations for the admission of pupils to said school 
as it shall deem necessary and proper and may in its discretion require 
applicants for admission into such school to pay such fees or tuition 
as the board may deem reasonable. 

Sec. 1601. RELATES TO COMPENSATION OF TRUSTEES. 

Sec. 1602. DUTIES OP STATE TREASURER.] The state treasurer 
shall be the custodian of all funds belonging to such school, from 
whatever source received, and the same shall be deposited with him 
and by him kept in a separate fund which shall be known as the North 
Dakota academy of science fund, and shall be used exclusively for 
the benefit of such academy; provided, however, that any sum or sums 
received by such board of trustees for tuition or fees for scholarships 
in such school, may be kept and disbursed by the secretary of such 
board upon the order of the president thereof for current expenses 
of such school. 

Sec. 1603. RELATES TO QUORUM OF TRUSTEES. 

ARTICLE 36.— SCHOOL OF FORESTRY 

Sec. 1674. SCHOOL OF FORESTRY LOCATED.] A state school of 
forestry, to be known as the North Dakota school of forestry, is located 
at Bottineau, in the county of Bottineau, state of North Dakota, by 
virtue of the vote taken thereon according to law. The object of the 
school of forestry shall be to furnish the instruction and training 
contemplated in an agricultural high school, emphasizing those subjects 
that have a direct bearing on forestry and horticulture. (See Const. 
Sec. 216, Sub. 4.) 

Note: Sections 1675, 1676, 1677, 1678, 1679 relate to the Board of Trus- 
tees whose duties were taken over by the Board of Regents who in turn 
were superseded by the Board of Administration. They provide for 
appointments, compensation, meetings, etc. 

Sec. 1679a. STATE FORESTER.] For the promotion of forestry in 
this state there is hereby created the office of state forester. This 
office shall be filled by the president of the school of forestry. He 
shall have general supervision of the raising and distribution of seeds 
and forest tree seedlings as hereinafter provided; shall promote prac- 
tical forestry; compile and disseminate information relative thereto, 
and publish the results of such work by issuing and distributing bulle- 
tins, lecturing before farmers' institutes, associations and other organi- 
zations interested in forestry, and in such other ways as will most 
practically reach the public. 

Sec. 1679b. STATE NURSERY.] There shall be established in con- 
nection with the state school of forestry and under the direction of 
the state forester a forest tree nursery for the propagation of seeds 
and forest tree seedlings which shall be best adapted to the climatic 
conditions of this state. For such purpose the board of trustees of 



STATE OF NORTH DAKOTA 149 



the school of forestry shall set apart a tract of not less than ten acres 
of the glands belonging to such school. 

Sec. 1679c. DISTRIBUTION.] Seeds and seedlings from such nursery 
shall be distributed to citizens and land owners of this state upon the 
payment of the actual cost of transportation from the nursery to the 
place where the same are to be planted. As a condition precedent to 
such distribution the citizen or land owner making application therefor 
must agree to plant the seeds and seedlings distributed under the direc- 
tion of the state forester and in conformity with his instructions. 

Sec. 1679d. DIRECTIONS FOR PLANTING. ASSISTANTS.] The 
state forester is hereby required to furnish each applicant for seeds 
or forest tree seedlings, suitable directions for planting the same, and 
when requested so to do, shall furnish skilled assistants to supervise 
such work and in the event that assistance is furnished, the applicant 
thereof shall pay the expense thereof. 

ARTICLE 37.— VOCATIONAL EDUCATION UNDER 

SMITH-HUGHES ACT 
(S. B. No. 63, 1919) 

Sec. 1. ACCEPTANCE OF PROVISIONS.] The State of North Dakota 
hereby accepts all the provisions and benefits of an act passed by the 
Senate and the House of Representatives of the United States of America, 
in Congress assembled, entitled "An act to provide for the promotion 
of vocational education, to provide for co-operation with the states in 
the promotion of such education in agriculture and trades and indus- 
tries; to provide for co-operation with the states in the preparation of 
teachers of vocational subjects; and to appropriate money and regulate 
its expenditures" and approved February twenty-third, nineteen hundred 
seventeen. 

Sec. 2. STATE TREASURER TO BE CUSTODIAN OF FUNDS.] The 
state treasurer is hereby designated and appointed custodian of all 
moneys received by the state from the appropriation made by said act 
of Congress, and he is authorized to receive and to provide for the 
proper custody of the same and to make disbursement thereof in the 
manner provided in said act and for the purposes therein specified. 
He shall also pay out any moneys appropriated by the State of North 
Dakota for the purposes of carrying out the provisions of this act upon 
the order of the state board for vocational education. 

Sec. 3. STATE BOARD.] The state board of education shall be the 
board designated as the state board for vocational education and shall 
have all necessary authority to co-operate with the federal board for 
vocational education in the administration of said act of Congress; to 
administer any legislation pursuant thereto enacted by the state of 
North Dakota; and to administer the funds provided by the federal 
government and the state of North Dakota under the provisions of this 
act, for the promotion of vocational education in agricultural subject, 



150 GENERAL SCHOOL LAWS 



trade and industrial subjects, home economics subjects. It shall 
have full authority to formulate plans for the promotion of vocational 
education in such subjects as are an essential and integral part of the 
public school sj-stem of education in the state of North Dakota, and 
to provide for the preparation of teachers of such subjects. It shall 
have authority to fix the compensation of such officers and assistants 
as may be necessary to administer the federal act and the act for the 
state of North Dakota and to pay such compensation and other neces- 
sary expenses of administration from funds appropriated in this act. 
It shall have authority to make studies and investigations relating to 
vocational education in such subjects; to promote and aid in the estab- 
lishment by local communities of schools, departments, or classes giving 
training in such subjects; to co-operate with local communities in the 
maintenance of such schools, departments, or classes; to prescribe the 
qualifications for the teachers, directors, and supervisors of such sub- 
jects and to have full authority to provide for the certification of such 
teachers, directors, and supervisors; to co-operate in the maintenance 
of classes, supported and controlled by the public for the preparation 
of teachers, directors, and supervisors of such subjects, or to maintain 
such classes under its own direction and control; to establish and 
control by general regulations the qualifications to be possessed by 
persons engaged in the training of vocational teachers. 

Sec. 4. POWERS AND DUTIES OF STATE BOARD.] The state 
board of education shall have power to appoint and shall appoint a 
state director for vocational education and such assistants as may be 
necessary to carry out the provisions of this act. The duties, terms 
of office, and compensation of such director and assistants shall be as 
may be determined by the state board of education. The state director 
shall be a graduate of a standard college or university and shall have 
had at least five years of experience as superintendent of schools. 

Sec. 5. CO-OPERATION OF SCHOOL BOARDS.] The school board 
or board of education of any school district or the board of trustees 
for the county training and agricultural schools may co-operate with 
the state board of education in the establishment and maintenance of 
vocational schools, departments, or classes, giving instruction in agri- 
cultural subjects, in trade or industrial subjects, or in home economics 
subjects, and may use any moneys raised in public taxation in the 
same manner as moneys for other school purposes are used for main- 
tenance and support of public schools. Whenever any school, depart- 
ment, or class giving instruction in vocational subjects, as provided for 
in this act and the rules and regulations adopted by the state board of 
education shall have been approved by the state board of education, 
it shall be entitled to share in the federal and state funds available. 

Sec. 6. REIMBURSEMENT OF SCHOOLS.] The state board of edu- 
cation shall reimburse such approved vocational schools, departments, 
or classes from federal funds to the extent of one-half of the salaries 
of teachers of such vocational subjects; provided that if the amount 



STATE OP NORTH DAKOTA 15i 



of federal funds shall not be sufficient to reimburse to the full extent 
the amount due the schools,, departments, or classes as reimbursement, 
the state board of education, may prorate the sums available among 
the various schools, departments, or classes mesting the requirements 
of this act and the rules and regulations of the state board of education. 

Sec. 7. APPROPRIATION.] There is hereby appropriated for the 
purpose of carrying out the provisions of this act out of any moneys 
in the state treasury not otherwise appropriated the sum of twelve 
thousand dollars annually or so much thereof as may be deemed neces- 
sary by the state board of vocational education. 

Sec. 8. APPROPRIATION. HOW USED.] The moneys appropriated 
by Section 7 of this act shall be used by the state board of education 
for the promotion of vocational education as provided for in the federal 
act and for the purposes set forth in this act. 

Sec. 9. REPORT TO GOVERNOR.] The state board of education 
shall make a report biennially to the Governor setting forth the con- 
dition of vocational education in the state of North Dakota, a list of 
the schools to which federal and state aid has been given, and a state- 
ment of the expenditures of federal funds and the state funds provided 
in Section 7 of this act. Approved March 4, 1919. 



152 GENERAL SCHOOL LAWS 



CHAPTER 8.— HIGHER AND PROFESSIONAL 
EDUCATION 

ARTICLE 38.— UNIVERSITY Op NORTH DAKOTA 

Sec. 1539. UNIVERSITY, WHERE LOCATED.] The university of 
North Dakota as now established and located at the city of Grand 
Forks shall continue to be the university of the state. 

Sec. 1540. BOARD OF TRUSTEES TO GOVERN.] The government 
of such university shall be vested in a board of trustees consisting of 
five members, of which the Hon. William Budge, for and during his 
good pleasure, as an honorary member with all rights and powers of 
a member of said board, shall be one of said board; the remaining 
members thereof to be appointed by the governor, by and with the 
advice and consent of the senate. 

Sec. 1542. POWERS AND DUTIES OF THE BOARD.] The board 
of trustees shall possess all the powers necessary to accomplish the 
objects and perform -the duties prescribed by law, and shall have the 
custody of the books, records, buildings and all other property of such 
university. The board shall elect a president and a secretary who shall 
perform such duties as may be prescribed by the by-laws of the board. 
The secretary shall keep a correct record of all transactions of the 
board, and of the committees thereof, and in addition to performing 
the duties of secretary, he shall be the superintendent of the buildings 
and grounds of the university and discharge such other duties as may 
from time to time be prescribed by the board of trustees. ***** 

Sec. 1543. MEETINGS OF THE BOARD.] The time for the election 
of the president and secretary of such board and the duration of their 
respective terms of office, the time for holding the regular annual meet- 
ing, and such other meetings as may be required, and the manner of giving 
notice of the same shall be determined by the board. Four members 
shall constitute a quorum for the transaction of business, but a less ' 
number may adjourn from time to time. * * * 

Sec. 1544. NUMBER OF MEETINGS LIMITED.] Such board shall 
not hold more than twelve sessions in any year and such sessions shall 
not exceed twenty-four days in the aggregate; but the governor may 
in his discretion authorize additional sessions. ***** 

Sec. 1545. GOVERNMENT OF UNIVERSITY. POWERS OF TRUS- 
TEES.] The board of trustees shall adopt rules for the government of 
the university in all its branches; elect a president and the requisite 
number of professors, instructors, officers and employes, fix the salaries 



STATE OF NORTH DAKOTA 153 



and the term of office of each, and determine the moral and educational 
qualifications of applicants for admission to the various courses of 
instruction; but no instruction, either sectarian in religion or partisan 
in politics, shall ever be allowed in any department of the university, 
and no sectarian or partisan test shall ever be allov/ed or exercised 
in the appointment of trustees, or in the election of professors, teachers 
or other officers of the university, or in the admission of students 
thereto or for any purpose whatever. Such board shall have power to 
remove the president or any professor, instructor or officer of the uni- 
versity, when in its judgment the interests of the university require it. 
The board may prescribe rules and regulations for the management of 
the library, cabinets, museum, laboratories and all other property of 
the university and of its several departments and for the care and 
preservation thereof, with suitable penalties and forfeitures by way of 
damages for their violation, which may be sued for and collected in 
the name of the board before any court having jurisdiction. * * * 

Sec. 1546. BOARD MAY EXPEND INCOME.] The board is authorized 
to expend such portion of the income of the university fund as it 
may deem expedient for the erection of suitable buildings and the pur- 
chase of apparatus, a library, cabinets and additions thereto; and, if 
deemed expedient, it may unite with the university as a branch thereof 
any college in the state, upon application of its board of trustees; and 
such college so received shall become a branch of the university and 
be subject to visitation by the trustees. ***** 

Sec. 1547. BOARD TO MAKE REPORT.] At the close of each fiscal 
year the trustees through their president shall make a report in detail 
to the governor, exhibiting the progress, condition and wants of each 
of the colleges embraced in the university, the course of study in each, 
the number of professors and students, the amount of receipts and dis- 
bursements, together with the nature, cost and results of all important 
investigations and experiments and such information as they may deem 
important, one copy of which shall be transmitted free by the governor 
to each college endowed under the provisions of the act of congress 
entitled "An act donating land to the several states and territories 
which provide colleges for the benefit of agriculture and mechanic 
arts," approved July 2, 1862, and also one copy to the secretary of the 
interior. ***** 

Sec. 1548. POWERS OF THE PRESIDENT AND FACULTY.] The 
president of the university shall be president of the several faculties 
and the executive head of the instructional force in all its departments; 
as such, he shall have authority, subject to the power of the board of 
trustees to give general directions respecting the instruction and scien- 
tific investigation of the several colleges, and so long as the interests 
of the institution require it he shall be charged with the duties of one 
of the professorships. The immediate government of the several col- 
leges shall be intrusted to their respective faculties, but the trustees 
shall have the power to regulate the course of instruction and prescribe 



154 GENERAL SCHOOL LAWS 

-the books or works to be used in the several courses, and also confer 
such degrees and grant such diplomas as are usual in universities, 
or as they shall deem appropriate, and to confer upon the faculty, by 
by-laws the power to suspend or expel students for misconduct or 
other causes prescribed in such by-laws. 

Sec. 1549. OBJECT AND DEPARTMENTS OF THE UNIVERSITY.] 
The object of the university shall be to provide the means of acquiring 
a thorough knowledge of the various branches of learning connected 
with scientific, industrial and professional pursuits, in the instruction 
and training of persons in the theory and art of teaching, and also 
instruction in the fundamental laws of this state and of the United 
States in regard to the rights and duties of citizens, and to this end it 
shall consist of the following branches or departments. 

1. The college or department of arts. 

2. The college or department of letters. 

3. The teachers' college. 

4. The school of mines, the object of which shall be to furnish facili- 
ties for the education of such persons as may desire to receive instruc- 
tions in chemistry, metallurgy, mineralogy, geology, mining, milling and 
engineering. 

5. The military department or school, the object of which shall be 
to instruct and train students in the manual of arms and such military 
maneuvers and tactics as are taught in military colleges. 

6. Such professional or other colleges or departments as now are or 
may from time to time be added thereto, or connected therewith, and 
the board of trustees is hereby authorized to establish such professional 
and other colleges or departments as in its judgment may be deemed 
necessary and proper, but no money shall be expended by the board 
in establishing and organizing any of the additional colleges or depart- 
ments provided for in this section, until an appropriation therefor shall 
have first been made. 

Sec. 1550. COURSES OF INSTRUCTION.] The college or depart- 
ment of arts shall embrace courses of instruction in mathematical, 
physical and natural sciences, with their application to industrial arts 
such as agriculture, mechanics, engineering, mining, and metallurgy, 
manufactures, architecture and commerce and such branches included 
in the college of letters as shall be necessary properly to fit the pupils 
in the scientific and practical courses for their chosen pursuits, and in 
military tactics. In the teachers' college the proper instruction and 
learning in the theory and art of teaching and in all the various 
branches and subjects needful to qualify for teaching in the common 
and high schools; provided that all instruction in teachers' college 
shall be above the grade of secondary schools, and as soon as the 
income of the university will allow, in such order as the wants of the 
public shall seem to require, the courses of sciences and their appli- 
cation to the practical arts shall be expanded into distinct colleges of 
the university, each with its own faculty and appropriate title. The 



STATE OF NORTH DAKOTA 15S 

college of letters shall be co-existant with the college of arts and shall 
embrace a liberal course of instruction in languages, literature and 
philosophy, together with such courses or parts of courses in the college 
of arts as the trustees shall prescribe. 

Sec. 1551. SCANDINAVIAN LANGUAGE TAUGHT.] It shall be the 
duty of the trustees to cause to be taught at said institution the Scan- 
dinavian language, and for that purpose shall employ as one of the 
teachers of such institution a professor learned in that language. 

Sec. 1552. PUPILS, WHO MAY BECOME.] The university shall be 
open to students of both sexes under such regulations and restrictions 
as the board of trustees may deem proper, and all able-bodied male 
students of the university may receive instruction and discipline in 
military tactics, the requisite arms for which shall be furnished by 
the state. 

Sec. 1553. GRADUATES ENTITLED TO CERTIFICATES TO TEACH.] 
After any person has graduated at the university, and after such gradu- 
ation has successfully taught a public school in this state for sixteen 
months, the superintedent of public instruction shall have authority 
and it shall be his duty to countersign the diploma of such teacher 
if upon examination he is satisfied that such person has a good moral 
character and is possessed of sufficient learning and ability to teach. 
Any person holding a diploma granted by the board of trustees of such 
university, certifying that the person holding the same has graduated 
from such university, shall after his diploma has been countersigned 
by the superintendent of public instruction as aforesaid, be deemed 
qualified to teach any of the public schools in the state, and such diploma 
shall be a certificate of such qualification until annulled by the super- 
intendent of public instruction. 

Sec. 1554. TUITION FEES.] No student who shall have been a resi- 
dent of the state for one year next preceding his admission shall be 
required to pay any fees for tuition in the university, except in the law 
department and for extra studies. The trustees may prescribe rates 
of tuition for any pupil in the law department, or who is not a resident 
as aforesaid, and for teaching extra studies. 

Sec. 1556. TRUSTEES TO MAKE RULES AND BY-LAWS.] The 
board of trustees shall make rules, regulations and by-laws for the 
government and management of the university and of each department 
thereof. It shall also prescribe rules, regulations and by-laws for the 
admission of students; but each applicant for admission must undergo 
an examination to be prescribed by the board, and shall be rejected 
if it shall appear that he is not of good moral character. The board 
shall also require each applicant for admission in the normal depart- 
ment, other than such as shall, prior to admission, sign and file with 
such board a declaration of intention to follow the business of teaching 
in the common schools of this state for at least one year, to pay such 
fees for tuition as the board may deem proper and reasonable. 

Sec. 1557. SALARIES.] The board of trustees shall from time to 



156 GENEREAL SCHOOL LAWS 



time fix the salary of the president, professors and teachers of such 
university, and shall certify the same to the state auditor. Such board 
shall also from time to time certify to the state auditor the amount 
due such persons for salary, and the state auditor shall draw his war- 
rants upon the state treasurer for the amounts so certified. 

Sec. 1558. SECRETARY OF STATE TO FURNISH LAWS.] The 
secretary of state shall deliver to the university fifty copies of each 
volume of the general and special laws of the state, and the reports 
of the decisions of the supreme court, hereafter published, for use in 
the way of exchanges and otherwise in the establishment and main- 
tenance of a law library for the law department of such university. 

Sec. 1559. SUPREME COURT REPORTS, HOW OBTAINED.] He 
shall procure for the purpose aforesaid from the publishers of the su- 
preme court reports fifty copies of each volume thereof hereafter pub- 
lished, in addition to the number authorized for other purposes, to be 
paid for at the same price and in the same manner as such reports are 
delivered to the secretary for other purposes. 

Sec. 1560. LOAN OF MUSKETS AUTHORIZED.] ' The adjutant gen- 
eral or whoever may be in charge of the state arms shall, under the 
direction of the governor, loan to the board of trustees of such university 
one hundred muskets and accoutrements or as many as can be spared, 
not exceeding that number, the same to be used for drill purposes, 
by the students of such university. 

Sec. 1561. MUSKETS, WHEN RETURNED.] In case such arms and 
accoutrements are needed by the state at any time, the governor or 
adjutant general under his instruction may call in the same and the 
trustees of such university shall immediately turn the same over to 
such officer in good condition. 

Sec. 1562. GEOLOGICAL SURVEY. DUTY OF TRUSTEES.] It shall 
be the duty of the board of trustees of the university to cause to be 
begun as soon as may be practicable, and to carry on a thorough 
geological and natural history survey of the state. 

Sec. 1563. EXTENT OF THE SURVEY.] The geological survey shall 
be carried on with a view to a complete account of the mineral king- 
dom, as represented in the state, including the number, order, dip and 
magnitude of the several geological strata, their richness in ores, coals, 
clays, peats, salines and mineral waters, marls, cements, building stones 
and other useful materials, the value of said substances for economical 
purposes and their accessibility; also an accurate chemical analysis 
of the various rocks, soils, ores, clays, peats, marls and other mineral 
substances of which a complete and exact record shall be made. 

Sec. 1564. METEOROLOGICAL STATISTICS TABULATED.] The 
board of trustees shall also cause to be collected and tabulated such 
meteorological statistics as may be needed to account for the varieties 
of climate in the various parts of the state; also to cause to be ascer- 
tained by barometrical observations or other appropriate means, the 
relative elevations and depressions of the different parts of the state; 



STATE OF NORTH DAKOTA 15? 



and also on or before the completing of such surveys to cause to be 
compiled from such actual surveys and measurements as may be nec- 
essary an accurate map of the state; which map when approved by 
the governor shall be the official map of the state. 

Sec. 1585. SPECIMENS COLLECTED.] It shall be the duty of said 
board to cause proper specimens, skilfully prepared, secured and labeled 
of all rocks, soils, ores, coals, fossils, cements, building stones, plants, 
woods, skins and skeletons of animals, birds, insects and fishes, and 
other mineral, vegetable and animal substances and organisms discov- 
ered or examined in the course of said surveys, to be preserved for public 
inspection free of cost, in the university of North Dakota, in rooms 
convenient of access and properly warmed, lighted, ventilated and fur- 
nished, and in the charge of a proper scientific curator; and they shall, 
also, whenever the same may be practicable, cause duplicates in reason- 
able numbers and quantities of the above named specimens, to be 
collected and preserved for the purpose of exchange with other state 
universities and scientific institutions, of which latter the Smithsonian 
institution at Washington shall have the preference. 

Sec. 1566. MAP OF THE STATE.] The board shall cause a geologi- 
cal map of the state to be made as soon as may be practicable, upon 
which by colors and other appropriate means and devices the various 
geological formations shall be represented. 

Sec. 1567. ANNUAL REPORT OF TRUSTEES.] It shall be the duty 
of the board, through its president, to make on or before the second 
Tuesday in December of each year, a report showing the progress of 
said surveys, accompanied by such maps, drawings and specifications' 
as may be necessary and proper to exemplify the same to the governor, 
who shall lay the same before the legislative assembly, and the board 
upon the completion of any separate portion of any of the said surveys 
shall cause to be prepared a memoir or final report which shall embody 
in a convenient manner all useful and important information accumu- 
lated in the course of the investigation of the particular department 
or portion; which report or memoir shall likewise be communicated 
through the governor to the legislative assembly. 

Sec. 1568. ESTABLISHMENT OF BIOLOGICAL STATION.] There 
is hereby created and established a biological station to be located on 
or near the shore of Devils Lake, in Ramsey county. North Dakota, 
and to be under the control and regulation of the board of trustees of 
the state university, and the biological staff of the state university shall 
have direction of the work of said station. 

Sec. 1569. DUTIES OF DIRECTOR. SITE.] It shall be the duty 
of the staff of said station, as directors thereof, to study! the animals 
and plants in Devils Lake and in any other portions of North Dakota 
with reference to the problem of restocking and cultivating fish in 
Devils Lake and in any other waters of the state, especially those of an 
alkaline character; to study and make collection of any animals and 
plants in North Dakota that have commercial or scientific value, and to 



158 GENERAL SCHOOL LAWS 



cause to be issued from time to time, bulletins and reports, which 
shall be printed at state expense, setting forth results of the studies 
at the station or of those carried on in work associated with the station, 
the substance of which bulletins and reports, embodying all useful and 
important information resulting from the work carried on at the station 
or in the work associated with the station each year, shall be incor- 
porated by said directors in an annual report to the governor who 
shall lay the same before the legislative assembly; provided, that this 
biological station shall not be established nor its work undertaken 
unless a suitable tract of land therefor be donated free of charge by 
warranty deed. 

Sec. 1570. APPROPRIATION FOR BUILDING.] For the purpose 
of erecting a suitable building for a biological station, at Devils Lake, 
North Dakota, there is hereby appropriated for the said station the 
sum of five thousand dollars out of the moneys of the state treasury 
not otherwise appropriated. 

Sec. 1571. APPROPRIATION FOR MAINTENANCE.] For the pur- 
pose of providing proper equipment and for the maintenance of' said 
biological station and its associated work there is hereby appropriated 
the sum of three thousand dollars annually out of moneys in the state 
treasury not otherwise appropriated. 

Sec. 1572. STATE GEOLOGIST.] The professor of geology in the 
university shall be ex-officio state geologist. 

Sec. 1573. TESTS. BULLETINS PUBLISHED.] In order to aid 
in the development of our mineral resources and manufacturing indus- 
tries and to keep good faith with the United States government in 
accepting the land grant and to further the purpose of the grant, the 
board of trustees of the state university and school of mines are directed 
to provide suitable means for experimentation and practical testing of 
the mineral and other allied resources in order to demonstrate their 
fitness for mining and manufacturing industries. It shall be the duty 
of the dean of the school of mines to make or to cause to be made by 
suitable persons, as rapidly as may be, exhaustive and practical tests 
of all mineral and allied resources to show the exact value and uses 
of all these materials, as well as the best and most economical methods 
of extracting and manufacturing. The products thus derived shall be 
properly labeled and kept for public inspection in the museum of said ■ 
school of mines, excepting at such times as these products may be 
needed as displays for the purpose of securing the development of indus- 
tries. Investigations and practical tests shall be made to obtain a 
cheap and efficient method of lignite coal briquetting and to show by 
actual tests the best methods of burning lignite; to determine the 
possibility of utilizing lignite as a gas producing material and also for 
power and lighting; to determine the value of sandstones and other 
stones for building material; to test clays for tableware, earthenware, 
stoneware, sewer pipe, etc.; to take up other resources for practical 
testing as opportunity is afforded. In order that the greatest possible 



SrAlE OF NORTH DAKOTA 153 

good may come from the practical testing and other provisions of 
this law, and in order to promote the development of the mining and 
allied manufacturing industries, bulletins shall be published from time 
to time by the school of mines announcing the progress and results of 
all tests and investigations and giving as much aid as possible relative 
to the best methods of mining, handling, treating and manufacturing 
the various mineral products of the state. A biennial report shall be 
issued. 

Sec. 1574. APPROPRIATION.] There is hereby appropriated out of 
any funds in the state treasury, not otherwise appropriated, the sum 
of one thousand dollars annually, to meet the necessary expenses con- 
nected with the geological survey of the state, as provided for in 
sections 1562 and 1563. 

Sec. 1576. COCHRANE LIBRARY.] For the purchase of the law 
library of the late John M. Cochrane, of Grand Forks, North Dakota, 
for the use and benefit of the college of law of the university of North 
Dakota, there is hereby appropriated out of any mon^ in the state 
treasury, not otherwise appropriated, the sum of ten thousand dollars. 

Sec. 1577. DUTY OF DEAN OF COLLEGE OF LAW.] The dean of 
the college of law of the university of North Dakota is hereby authorized 
to inventory and receive the said law library, properly classify the 
same, have the same suitably labeled and branded as being the property 
of the state of North Dakota, provide suitable shelving for the said 
books, insure the same in the name of the state of North Dakota, and 
in proper manner direct the management of the said law library. The 
said law library shall be a reference library only and be for the use 
of students attending the college of law of the university of North 
Dakota and others who may desire to consult the same during proper 
hours to be prescribed by the dean of said college of law. The dean of 
said college is authorized and required to make suitable rules for the 
use of said law library, one of which rules shall be to the effect that 
no books shall be removed for use from the library room in which 
said books are contained. If at any time the college of law of the said 
university of North Dakota shall be discontinued the said books, all 
of them, shall be immediately transferred to the capitol at the seat 
of government and be merged with and become a part of the state law 
library. The dean of said college of law, immediately on the receipt 
of said law library, shall make out duplicate invoices and inventories 
of said law library and transmit one to the secretary of state, to be 
by him preserved. On the first day of July thereafter in each year 
the said dean shall transmit a new invoice and new inventory showing 
all books on hand, including the additions of said law library, if any, 
which additions shall, from time to time, as fast as received, be branded 
and marked as provided for the original purchase herein. Any law 
books now the property of the said university, or which shall be here- 
after received, shall be likewise branded and a full inventory returned 
to the secretary of state, it being the intention of this section that on 
the receipt of the said Cochrane library all books on the subject of 



160 GENERAL SCHOOL LAWS 



the law, owned by the university of North Dakota and used in its 
college of law, shall be merged with the said Cochrane library so as 
to form one full and complete law library. The dean of said college 
of law is authorized to exchange, before branding, any duplicate books 
he may have, for other works of a legal nature suitable for use 'in 
the said college of law. 

Sec. 1. APPROPRIATION.] For the purpose of providing at the 
School of Mines, necessary equipment and material and for the work 
and maintenance of the investigations and tests of the clays of the 
state to prove in a practical way, their special fitness for a variety 
of industries, there is hereby appropriated out of any money in the 
state treasury, not otherwise appropriated, the sum of four thousand 
dollars for the biennial period of 1917-1918. Chap. 214, p. 302, 1917. 

Sec. 549. BOARD OF ACCOUNTANCY.] The trustees of the State 
University shall appoint a board of three members, which board shall 
be known as a board of accountancy. The term of office of the members 
of this board shall be five years. Vacancies in this board shall be 
filled in the same manner as original appointments are made. Members 
of this board shall receive for their services actual expenses incurred 
in the discharge of their duties and the amount sufficient to defray 
clerk hire, and no more. Of the members of this board, one shall be 
an educator, one an attorney and one a person skilled in the practice 
of accounting. 



STATE OF NORTH DAKOTA 161 



Division 3. — Support of the Educational System 



CHAPTER 9.— NATIONAL ENDOWMENT 
ARTICLE 39.— BOARD OF UNIVERSITY AND SCHOOL LANDS 

Sec. 284. BOARD, HOW CONSTITUTED.] The governor, secretary 
of state, state auditor, attorney general and superintendent of public 
instruction shall constitute the Board of University and School Lands. 
The governor shall be president, the secretary of state, vice-president, 
and the commissioner of university and school lands, secretary thereof. 
In the absence of the commissioner at any meeting of the board, the 
deputy commissioner of university and school lands shall act as secre- 
tary. Such board when acting as such, must act personally; no member 
can be represented on such board by any assistant or clerk. Chap. 203, 
p. 287, 1917. 

Sec. 285. BOARD, POWERS OF.] Subject to the provisions of 
article 9 of the constitution and the provisions of this article, such 
board shall have the full control of the selecting, appraisement, rental, 
sale, disposal and management of all school and public lands of the 
state, including the real property donated to the territory of Dakota 
under the provisions of chapter 104 of the laws of 1883, except such 
as has been sold, and the investment of the permanent funds derived 
from the sale thereof, or from any other source, and shall have power 
to appoint a competent person to act as the general agent of the 
board in the performance of all its duties pertaining to the selection, 
sale, leasing or contracting in any manner allowed by law, and the 
general control and management of all matters relating to the care 
and disposition of the public lands of the state, all of whose official 
acts shall be subject to the approval and supervision of the board. 
The title of such agent shall be "Commissioner of University and School 
Lands," and before entering upon his duties as such he shall take the 
oath prescribed for civil officers and give a bond in the penal sum 
of ten thousand dollars, with not less than two sureties, to be approved 
by the board, and recorded in the office of the secretary of state and 
filed, when recorded, in the office of the state treasurer. 

Sec. 286. MEETINGS OF BOARD.] Such board shall meet at the 
office of the commissioner on the last Thursday of each month, at 
ten o'clock in the forenoon. Special meetings of the board may be held 
at any time at the written call of the president or any two members 
of the board. Any three members of the board shall constitute a 
quorum. 



162 GENERAL SCHOOL LAWS 



Sec. 287. BOARD INVESTS FUNDS. COMPENSATION OF BOARD. 
CONDITION OF LOANS.] Said board shall have power, and it is made 
its duty from time to time to invest any money belonging to the per- 
manent funds of the common schools. University, School of Mines, 
Reform School, Agricultural College and the School for the Deaf and 
Dumb, Normal Schools, and other permanent funds derived from the^ 
sale of public lands or from any other source in bonds of school cor- 
porations or of counties, or of townships, or of municipalities within 
the state, bonds issued for the construction of drains under the authority 
of law within the state, bonds of the United States, bonds of the State' 
of North Dakota, bonds of other states; provided, such states have never' 
repudiated any of their indebtedness, or in first mortgages on farm 
lands in this state, not exceeding in amount one-third of the actual 
value of any subdivision on which the same may be loaned, such valuQ 
to be determined by the Board of Appraisal of School Lands; provided, 
that at least one-third of the whole amount of the several permanent 
funds aforesaid' as computed by the Commissioner of University and 
School Lands at the end of each fiscal year, shall be invested in first 
mortgages or cultivated farm lands in this state, if there is a sufficient 
demand for investment in such loans; provided further, that for said 
services as such Board of Appraisal the County Auditor and County 
Superintendent of Schools shall receive only the necessary traveling 
expenses, but that the Chairman of the Board of County Commissioners 
shall be entitled to the same mileage and per 'diem as when serving 
on the Board of County Commissioners. The first mortgages on farm 
lands in this state shall be made only in the manner following, to-wit: 

1. The first mortgage on farm lands and each of them, shall run. 
for a period of time not to exceed twelve years, and the funds so 
invested shall bear interest at the rate of five per cent, per annum, 
payable annually to the County Treasurer of the County in which such 
lands are located. The borrower shall have his option of paying ten 
per cent or any multiple thereof of the principal at any interest-bearing 
date, and the interest when paid shall be converted into and become a 
part of the interest and income fund. 

2. First mortgage loans shall only be made upon cultivated land 
within the state and to persons who are actual residents thereof, and in 
no case on lands of which the appraised value is less than ten dollars 
per acre, and in sums not more than five thousand dollars to any 
person, firm or corporation. 

3. Any or all of said mortgages may bei satisfied at any interest- 
paying date on payment of the whole amount due thereon. All pro- 
ceedings in regard to investments in first mortgages as provided in this 
chapter shall conform to and be governed by the laws of the State of 
North Dakota in such case made and provided. Said Board of University 
and School Lands shall not purchase or approve the purchase of any 
bonds or mortgages except at legal session thereof, nor unless every 
member of the board is notified by the secretary of said board in time 
to be present at such meeting, and notified also that the question of 



STATE OF NORTH DAKOTA 163 

purchasing or acting on proposition for the purchase of certain bonds 
or mortgages is to be considered at the meeting, nor unless a majority 
of all the members vote in favor of such purchase, and the vote on 
the purchase of every bond and mortgage shall be taken by the yeas 
and nays and shall be duly recorded in the books of the board. 

4. The borrower shall submit to the state land commissioner an appli- 
cation stating the amount he wishes to borrow and giving other informa- 
tion as to the land and character thereof on a blank, prepared and fur- 
nished by the land commissioner, together with an appraisal of the 
land signed by at least two members of the county board of appraisal 
and other information which may be required by the land commissioner 
to be furnished by said board. Such application and appraisal shall 
be presented to the board of university and school lands at their next 
meeting for consideration. Immediately after a loan is authorized the 
land commissioner shall notify the applicant in writing, stating the 
amount that will be loaned. If the amount is satisfactory to the appli- 
cant he shall present to the attorney general of the state an abstract 
continued to date. 

The attorney general shall carefully examine the same and ascertain 
the amount necessary to release each encumbrance, if any. The appli- 
cant shall also execute and deliver to the attorney general a mortgage 
and note executed by the owner of said premises, by wife or husband 
or both as the case may be, with the State of North Dakota as mortgagee. 
The mortgage shall be recorded and abstract continued to date subse- 
quent. The attorney general shall then certify in duplicate to the land 
commissioner and state auditor as • to the condition of the title and as 
to the amount or amounts necessary to release each encumbrance and 
deliver the certificates, abstract, mortgage and note to the state auditor. 
If the attorney general finds the title satisfactory and that the encum- 
brances do not exceed the amount of the loan, he shall place the certifi- 
cate and abstract before the state auditor, who shall draw his warrant 
in favor of the county treasurer of the county in which the loan is 
made for the amount of the loan. The county treasurer shall obtain 
and file with the proper county officer the releases necessary to release 
the land from all encumbrances, as stated in the certificate. The 
county treasurer shall also ascertain the amount of the unpaid record- 
ing, appraisal and abstract fees in connection with the loan, and file a , 
statement of such fees with the state land commissioner. The county 
treasurer shall then draw checks disbursing the proceeds of the loan 
in the following manner: 

First: To each of the parties holding an encumbrance against the 
property, if any, the amount thereof; 

Second: The balance to the applicant, and shall cause all releases 

to be recorded and continued on the abstract and forward to the state 

land commissioner, the abstract and all other instruments in connection 

with the loan. Approved February 25, 1919. 

Sec. 288. SATISFACTION OF MORTGAGE LOANS.] The governor 



1R4 GENERAL SCHOOL LAWS 

and commissioner of University and School Lands, who are respectively 
the chairman and secretary of the Board of University and School 
Lands, are hereby empowered and required to jointly satisfy real estate 
mortgages given to the Board of University and School Lands whenever 
the loans secured by such mortgages shall have been fully paid, as 
certified to these officers by the state treasurer. Chap. 203, p. 288, 
1917. 

Sec. 289. RECORDS TO BE KEPT BY SECRETARY.] The secretary 
shall enter in a suitable book kept for that purpose a full and correct 
record of all the proceedings of said board at each session thereof, 
which record when approved shall be signed by the president or pre- 
siding officer of the meeting and the secretary. 

Sec. 290. TREASURER CUSTODIAN OF FUNDS.] All moneys be- 
longing to the permanent funds of the common school and other public 
institutions derived from the sale of any of the public lands or from 
any other 'source shall be paid to and held by the state treasurer and 
be subject to the order of such board, and shall be paid over to order 
of the board for investment as provided in section 287 of this article, 
whenever the board requires the same for such investment. The state 
treasurer shall also be the custodian of all bonds, notes, niortgages 
and evidences of debt arising out of the management of the permanent 
funds derived from the sale of any of the public lands of the state or 
from any other source. 

Sec. 291. INVESTMENTS. HOW UNPAID MONEYS TO BE COL- 
LECTED.] It shall be the duty of the state treasurer, from time to 
time as the same become due, to collect all moneys due and owing 
on any and all of the securities held by him for investment or for 
permanent funds, and from time to time, whenever required by the 
board, to make report of the amount of such collections to the board, 
and a duplicate of the same to the state auditor. If any such moneys 
shall remain unpaid for thirty days after the same shall become due 
and payable, he shall make report in detail of all such unpaid amounts 
to the board who shall place the matter in the hands of the attorney 
general for collection whenever they shall deem it for the best interests 
of the state so to do, whose duty it shall be to proceed to collect the 
same by civil action, to be brought and prosecuted in the name of the 
state. 

Sec. 292. FORECLOSURE. ASSIGNMENTS.] Mortgage loans made 
under the provisions of this chapter may be foreclosed either by action 
or advertisement, in the same manner and upon the same notice as 
required in other real estate foreclosures. When foreclosure is made 
by action said action shall be brought and prosecuted in the name of 
the state; provided, further, that the board of university and school 
lands may, and it is hereby authorized and empowered to assign any 
or all of said mortgages, whenever in the judgment of said board it 
will be for the best interests of the state so to do; provided, however, 
that said board shall not accept as a consideration for said assignment 



STATE OF NORTH DAKOTA 165 



any amount less than the principal and interest due upon said mortgage 
or mortgages. Such assignments when made shall be executed by the 
governor and attested by the secretary of state with the great seal of 
the state of North Dakota attached. 

Sec. 293. MANNER OP INVESTING PERMANENT FUNDS.] In the 
Investment of permanent funds under its control such board shall 
authorize the state auditor to draw his warrant on the state treasurer, 
payable out of the proper fund, for the purchase of the bonds or mort- 
gages, which warrant previous to delivery, shall be registered by the 
state treasurer in a book provided for that purpose. 

Sec. 294. INCIDENTAL EXPENSES OF BOARD, HOW PAID.] The 
necessary incidental expenses of the board shall be paid out of the 
state treasury, and upon satisfactory vouchers therefor the state auditor 
shall issue his warrant for the same. 

Sec. 295. APPROPRIATION FOR INTEREST.] There is hereby an- 
nually appropriated such sums as shall be found necessary for the 
expenses of purchase, and payment of accrued interest at the time of 
the purchase, of investment bonds or mortgages for the permanent funds 
under the control of said board, payable from the respective fund for 
which said purchase is made. 

Sec. 296. TERM OF OFFICE OF COMMISSIONER.] The first term 
of office of the commissioner provided for in this article shall be for 
three years from the date of his appointment and until his successor 
is appointed and qualified, and after the expiration of the first term, 
all succeeding terms shall be two years, and until his successor is 
appointed and qualified, subject to removal by the board. In case of 
vacancy by death, removal, resignation or any other cause, the board 
shall fill the same by appointment. 

Sec. 297. SALARY OF COMMISSIONER.] The commissioner shall 
receive an annual salary of three thousand dollars. 

Sec. 298. DEPUTY COMMISSIONER.] By and with the consent of 
the board, the commissioner may appoint a deputy, who before entering 
upon any of the duties devolving upon him by said appointment shall 
take and subscribe the oath of office required by law and shall execute 
to the state a bond with one or more sureties in the penal sum of five 
thousand dollars, conditioned for the faithful discharge of his duties. 



ARTICLE 40.— LAND COMMISSIONER 

Sec. 299. DUTIES.] The commissioner, under such directions as 
may be given by the board of university and school lands, shall have 
general charge and supervision of all lands belonging to the state, of 
all lands in which the state has an interest or which are held in trust 
by the state. He shall have the custody of all maps, books and papers 
relating to any of the public lands mentioned in this article. He shall 
procure the proper books, maps and plats in which to keep a complete 
record of all lands owned or held in trust by the state for schools, 
public buildings, and for all other purposes, and shall keep true record 



168 GENERAL SCHOOL LAWS 

of all sales, leases, permits, patents, deeds and other conveyances of 
such lands made by the state, amount of money paid, date of sale and 
payment, description of land sold or leased, number of acres thereof, 
name of purchaser and designation of the fund that should be credited 
therewith. He shall direct all appraisements, sales, leases ; shall execute 
all contracts of sale, leases, permits or other evidences of disposal of 
the lands subject to approval by the board. Upon all contracts, leases 
or permits issued by the commissioner he shall certify the book and 
page where the same is recorded. He shall have an official seal with a 
proper device thereon; and the seal of the commissioner affixed to 
any contract of purchase, receipt or other instruments issued by him, 
duly countersigned by him as approved by the board, according to the 
provisions of this article, is prima facie evidence of the due execution 
of such contract or other paper. He shall biennially report to the legis- 
lative assembly through the board his work during the preceding term, 
showing the quantity of lands sold or leased and the amount received 
therefor, the amount of interest moneys received to the credit of the 
several funds, expense of administration of his department, and all such 
other matters relating to his office as shall be necessary. It shall also 
be the duty of the land commissioner to receive and present to the 
board of university and school lands all offers for sale of bonds. He 
shall also prepare all bonds in connection with the investment of the 
permanent school fund. He shall keep such books as may be necessary 
to register and describe all bonds and mortgages purchased or taken 
by the board of university and school lands for the benefit of any of 
the permanent funds under its control. Such books shall be ruled so 
as to permit the registry of the name and residence of the person 
offering to sell any such bonds or mortgages, the district for which 
such offer is made, a description of the property covered by the mort- 
gage, and a full and detailed description of every bond, whether United 
States, state or school district, and the date, number, series, amount 
and rate of interest to each bond and when the interest and principal 
respectively, are payable; and such record shall be made of every such 
bond and mortgage before the board shall act upon the question of pur- 
chasing the same. He shall also keep in suitable books a record showing 
a detailed quarterly statement of the condition of all the permanent 
funds under control of said board, the amount of each fund, how 
invested, when due, interest paid and any other act in any manner 
connected with the management of said funds, and shall biennially 
report all such investments to the governor to be laid before the legis- 
lative assembly. All such records and record books shall at all times 
be open for inspection by the public. 



ARTICLE 41.— APPRAISEMENT AND SALE OF SCHOOL LANDS 

Sec. 300. COUNTY BOARD OF APPRAISAL, DUTIES OF.] The 
county superintendent of schools, the chairman of the board of county 
commissioners and the county auditor of each county shall constitute 



STATE OF NORTH DAKOTA 16/ 



the "County Board of Appraisers" of the public lands of the state in and 
for their county. The county board of appraisal in each county shall 
upon the request of the board of university and school lands, designate 
on or before such date as it may specify, the public lands of the state 
in their county, that in its judgment can be sold for ten dollars an 
acre or upwards on the terms prescribed in this article, designating the 
tracts separately and giving an approximate estimate of their selling 
value. Thereupon the commissioner shall, if so ordered by the board 
of university and school lands, prepare a list and order an appraisal 
of such lands as shall be designated in such list, and it is made the 
duty of such board of appraisers within ten days after the receipt of 
such list to examine such lands and appraise them at their cash value, 
as nearly as can be determined, describing each tract or subdivision 
in parcels not greater than one hundred and sixty acres, more or less, 
according to the government survey, and in smaller subdivisions thereof 
if so listed by the commissioners, and set opposite each described tract 
or parcel of land the appraised value per acre thereof; and when such 
appraisal is completed, which shall not be later than thirty days after 
the receipt of the order directing it, the county board of appraisers, 
or the members of the same who made such appraisement, shall certify 
to its correctness, and make duplicate copies thereof, one of which 
shall be forwarded immediately to the board of university and school 
lands, and the other filed in the office of the county auditor for refer- 
ence. And in addition to the appraisal of such lands the county board 
of appraisal shall furnish such other information regarding the lands 
as may be required by the commissioner in the manner and form pre- 
scribed by him. The report of such appraisal shall be verified by each 
of such appraisers, and shall disclose any interest, real or contingent, 
that any of such appraisers has in any of the lands or improvements 
so appraised. Any appraiser who wilfully makes any false statement 
in such report, relative to such interest in any of the lands so appraised 
or improvements thereon, shall be deemed guilty of a misdemeanor. 
For all services performed under the requirements of this article the 
appraisers shall be paid at the rate of three dollars per day and actual 
traveling expenses, upon vouchers approved by the commissioner of uni- 
versity and school lands to be paid by the state treasurer upon warrants 
issued by the state auditor. Provided, that all lands designated for 
sale and not sold within two years after appraisal shall be reappraised 
before they are sold. 

Sec. 301. SELECTING AND CERTIFYING LANDS FOR SALE.] The 
commissioner shall from the list of lands so appraised and reported 
by the county board of appraisers select all such tracts as have been 
appraised at ten dollars per acre and upwards and upon approval of 
such selections by the board of university and school lands shall make 
and certify to the county auditors the list of lands in their respective 
counties that are offered for sale, and when transmitting such list shall 
designate the day and hour for the sale thereof; provided, that such 



168 GENERAL SCHOOL LAWS 



sales shall take place only between the hours of ten o'clock A. M. 
and five o'clock P. M. and to be continued from day to day until all 
the lands advertised for sale shall have been sold or offered for sale 
except that adjournments may be made for any intervening Sunday or 
legal holiday. 

Sec. 302. NOTICE OF SALE TO BE PUBLISHED.] The board of 
university and school lands shall cause to be published for a period 
of sixty days prior to the day of sale, in a newspaper of general 
circulation in the vicinity of the lands to be sold, and also in a newspaper 
published at the county seat of the county in which the lands are 
situated, and also in a newspaper published at the seat of government, 
a notice of such sale, with the list of lands that are to be offered for 
sale, properly described, together with the appraised value thereof, and 
the terms and conditions of sale. 

Sec. 303. MANNER OF SALE.] On the day and hour appointed for 
such sale, the commissioner, or in case he cannot attend, the deputy 
land commissioner, or other person designated and authorized by the 
board of university and school lands, shall proceed to sell or offer for 
sale at public auction to the highest bidder, at the court house or at 
the place where the terms of the district court are held, at the county 
seat of the county in which the lands are situated, the lands so adver- 
tised, offering them for sale on selling in the order in which they 
occur in the advertisement for sale. Such lands as have not been 
specially subdivided shall be offered in tracts of one-quarter section, 
and those subdivided in the smallest sub-divisions thereof. No tract 
of land shall be sold for less than its appraised value, and in no case 
for less than ten dollars an acre. 

Sec. 304. TERMS OF SALE.] Each tract of land shall be sold upon 
the following terms: The purchaser shall pay one-fifth of the price 
in cash at the time of sale, and the remaining four-fifths as follows: 
One-fifth in five years, one-fifth on or before the expiration of ten years, 
one-fifth on or before the expiration of fifteen years and one-fifth on 
or before the expiration of twenty years, with interest at the rate of 
not less than six per cent per annum, payable annually in advance. 
The highest bidder for any offered tract shall be declared the purchaser 
thereof, and shall immediately pay over to the county treasurer the 
amount of one-fifth of the purchase price as specified in the terms of 
sale. In case the purchaser fails to pay the amount so required to 
be paid at the time of such sale, such commissioner or whoever may 
be conducting the sale, shall immediately reoffer such lands for sale, 
but no bids shall be received from the person so failing to pay as 
aforesaid; and the person refusing or neglecting to make such pay- 
ment shall forfeit the sum of one hundred dollars for each tract pur- 
chased by him. 

Sec. 305. ADJOURNMENT OF SALE.] No adjournment of the sale 
can be made after its opening, except as provided in section 301 of 
this article, but, when the interest of the state will be subserved thereby, 



STATE OF NORTH DAKOTA 169 

the board of university and school lands may, at any time not less 
than two weeks preceding the date fixed for opening such sale, make 
an order postponing the same to such date as may be fixed in such 
order, w^hich shall not be more than sixty days, giving due notice of 
the same to the county auditor, who shall publish such notice of adjourn- 
ment and the day fixed for the same, for two successive weeks in the 
same papers in which the notice of sale is published; but the adjourn- 
ment of any sale shall not require continued publication of the list of 
lands beyond the time specified in this article for such publication. 

Sec. 306. WITHDRAWAL OF LANDS FROM SALE.] The board 
of university and school lands may, in its discretion, on or before the 
day of sale, withdraw any or all lands that may have been advertised 
for sale or included in any list to be offered in any county, and upon 
such withdrawal shall notify the auditor of such county, specifying 
the lands included in such notice of withdrawal, who shall thereupon 
strike such lands from the lists in his office, and public notice of with- 
drawal shall be given at the day of sale before any such lands are 
offered. 

Sec. 307. COUNTY AUDITOR TO ACT AS CLERK AT SALE. AP- 
PROVAL OF SALE.] The county auditor shall act as clerk of all land 
sales and leases made in his county, and it shall be his duty within 
five days after such sale or lease shall have been concluded to certify 
to the board of university and school lands a list of lands sold or 
leased as provided in this article, with the price thereof, and the name 
of the purchaser or lessee of such tract, the amount for which the 
lands are sold or leased, the amount of money paid by such purchaser, 
and the amount of principal remaining unpaid, and the board of uni- 
versity and school lands shall approve and confirm the sale or lease 
of every such tract, as upon examination of such certified lists and such 
further information and investigation as shall be deemed necessary, 
shall be found to have been sold or leased in accordance with the law 
and without fraud or collusion. For the services imposed by this article 
the county auditor shall be allowed the sum of three dollars per day 
for each and every day so engaged, to be paid out of any appropriation 
for the expenses of appraisal and sale of public lands. 

Sec. 308. NOTICE TO PURCHASER. EXECUTION OF CONTRACT.] 
Immediately upon approval of the sales by the board of university and 
school lands, the secretary of such board shall prepare and certify a 
list of said approved sales to the commissioner, who shall without delay 
execute duplicate contracts in the form prescribed by the board, and 
forward the same to the county auditor of the county where the land 
was sold, whereupon it is made the duty of the county auditor to notify 
each purchaser in writing of the approval of the sale to him, and to 
appear within ten days after the date of such notice and pay the county 
treasurer the amount of interest on the deferred payments as specified 
in the contract and execute the contracts of sale, and a failure so to 
appear and execute such contract shall act as a forfeiture of the pay- 



170 GENERAL SCHOOL LAWS 

ment made by the purchaser at the sale. When the contracts are 
properly executed by the purchaser and the amount of money due 
thereon shall have been paid to the county treasurer, the copy marked 
duplicate shall be delivered to him and the original returned to the 
land commissioner, and each contract so returned fully executed shall 
have on its face in the place noted for such purpose the notation of 
the date of delivery to the purchaser, and all contracts not executed 
by the purchaser shall be returned to the land commissioner with a 
written statement thereon of the reason for such return. 

Sec. 309. SALES, WHEN VOID.] Any sale made by mistake, or not 
in accordance with law, or obtained by fraud, shall be void, and the 
contract of purchase issued thereon shall bo of no effect; but the 
holder of such contract shall be required to surrender the same to the 
board of university and school lands, who shall, except in case of fraud 
on the part of the purchaser, cause the money to be refunded to the 
holder thereof. 

Sec. 310. SURVEYS TO BE MADE WHEN NECESSARY.] Whenever 
it appears to the board of university and school lands necessary in 
order to ascertain the true boundaries of any tracts or portions of 
lands, or to enable the commissioner to describe or dispose of the same 
in suitable and convenient lots, it may order all such necessary surveys 
to be made and the expenses shall be paid out of the state treasury aa 
other Incidental expenses of the board of university and school lands 
are* paid. 

Sec. 311. SUBDIVIDING LAND INTO SMALL TRACTS OR LOTS, 
WHEN TO BE MADE.] Whenever in the opinion of the board of 
university and school lands the interests of the state will be promoted 
by laying off any portion of the land under its control into small parcels 
or city, town or village lots, the board may order such commissioner 
to cause the same to be done and have the same appraised in the same 
manner as hereinbefore prescribed. 

Sec. 312. SALE OF LOTS. NEW APPRAISAL.] All parcels or lots 
so appraised shall be subject to sale in the same manner and upon 
the same terms and conditions and the contract of purchase shall have 
the same effect, as in the case of other lands for which pro:isions Is 
made in this article, and at the prices at which the same are severally 
appraised, until a new appraisal is made, Avhich the board of university 
and school lands may in its discretion order at any time, in the manner 
aforesaid, and with the like etYect; but no lot or parcels so appraised 
shall be sold for less than the minimum price of said land, established 
In this article. 

Sec. 313. MAP TO BE ENTERED OF RECORD.] Whenever the com- 
missioner shall lay off any tract of land into small parcels or lots, as 
provided in this article, he shall cause a correct map of the same to be 
entered of record in the county where said lands are situated. 

Sec. 314. CONTRACTS OF PURCHASE. RIGHTS UNDER.] Con- 
tracts of purchase, issued pursuant to the provisions of law, entitle 



STATE OF NORTH DAKOTA 171 

the purchaser, his heirs or assigns, to the possession of the lands 
therein described, to maintain actions for injuries done to the same, 
or any action or proceeding to recover possession thereof, unless such 
contract has become void by forfeiture; and all contracts of purchase 
in force may be recorded in the same manner that deeds of conveyance 
are authorized to be recorded. 

Sec. 315. ASSIGNEE OP PURCHASERS.] Each assignee of a bona 
fide purchaser of any of the lands mentioned in this article is subject 
to and governed by the provisions of law applicable to the purchaser 
of whom he is assignee; and he shall have the same rights in all 
respects as an original purchaser of the same class of lands. The 
Interest of a purchaser of any of the lands mentioned in this article 
that shall have been heretofore or may hereafter be levied upon or 
attached in any action — brought to recover a debt due from said pur- 
chaser of said lands and the interest of said purchaser which has here- 
tofore been or may hereafter be sold under execution and a certificate 
of sale may have been or shall hereafter be issued by the sheriff of 
the county to the party buying at said sale the interest of said pur- 
chaser of said lands and after the expiration of one year from the 
date of sale, the buyer of the interest of said purchaser of said lands 
may present to the land commissioner of this state a certificate of 
the sheriff of the county in which the land is situated, showing said 
sale and the name and address of the person buying thereat and also 
showing that one year has elapsed between the date of sale of said 
land and the date of making of said certificate, also showing that no 
redemption has been made by the purchaser of said land, his assignee 
or successor in interest or anyone in behalf of either and showing 
that no claim of homestead has been made to said land by anyone. 
On the filing of said certificate in the office of the land commissioner 
of the state of North Dakota the said, land commissioner shall subrogate 
the person who bought the interest of the purchaser of said lands 
at said sale, to the contract of purchaser and to all rights of said 
purchaser of said lands in and to said lands and said person so sub- 
rogated shall carry out and perform said contract of purchase with 
said state in all particulars, and at the expiration of said contract 
and on the full performance thereof, the person so subrogated shall 
receive from the state of North Dakota a deed to said land. 

Sec. 316. CONTRACTS MAY BE SURRENDERED AND TWO OR 
MORE ISSUED, WHEN.] Whenever the holder of any contract of 
purchase of any state or school land shall surrender the same to the 
commissioner with a written request to have the same divided into two 
or more contracts, it shall be lawful for the commissioner to issue the 
same; provided, that no new contracts shall issue while there is due 
and unpaid any interest, principal or taxes on such contract or the 
land described therein, nor in any case where the commissioner shall 
be of the opinion after an examination of the land, if necessary, that 
the security would be Impaired or endangered by the proposed division, 



172 GENERAL SCHOOL LAWS 



nor until such application for division shall have been approved by 
the board of university and school lands; provided, that when any such 
application proposes the division of the land into irregular tracts or 
other than the regular government subdivisions, the applicant shall 
file with the commissioner a plat of the land to be subdivided, showing 
the boundaries and area in acres of each subdivision, and for any con- 
tract division made under this section the commissioner shall charge 
and collect a fee of five dollars for each new contract issued, which 
fee shall be paid into the state treasury and become a part of the 
expense fund of the board of university and school lands. 

Sec. 317. CONTRACT MAY BE SURRENDERED. RAILROAD RIGHT- 
OF-WAY. NEW CONTRACT.] Whenever any holder of any contract 
for purchase of any state or school land shall surrender the same to 
the board of university and school lands, and shall present satisfactory 
evidence that a railroad has been located and established across the 
land covered by such contract subsequent to the issuance thereof, and 
shall file a plat of such land showing the exact location, width and 
area in acres of the land required for right-of-way for such railroad 
across said land, and shall pay to the state treasurer the balance of 
the purchase price under said contract and all interest and taxes thereon 
to date for the acreage taken for such railroad right-of-way, and shall 
make application in writing that such contract be cancelled and that 
new contract be issued to such applicant for the land less the acreage 
taken for such railroad right-of-way, it shall be lawful for the board 
to cause such new contract to be issued and to issue a deed to the 
railroad company for the land so deducted from the tract embraced in 
the original contract, and required for such right-of-way ; provided, 
that the commissioner of university and school lands shall charge and 
collect a fee of five dollars for each new contract and each deed so 
issued, which fee shall be paid to the state treasurer and become a 
part of the expense fund of the board of university and school lands. 
Sec. 318. CONTRACT VOIDABLE ON FAILURE TO PAY PRINCIPAL 
OR INTEREST.] In case the annual interest due on the first day of 
January in any year shall not be paid within thirty days thereafter by 
the purchaser or by any person claiming under him, the contract shall, 
from the time of such failure, be voidable. In case any installment 
on the purchase price shall not be paid within thirty days after the 
same becomes due by the provisions of contract of sale, the contract, 
from the time of such failure, shall be voidable. And in all cases 
where any contract becomes voidable by reason of failure to make the 
payments required by the contract and the terms of this section, the 
board of university and school lands may in their discretion declare 
such contracts of sale void; and in case of such declaration, shall 
notify the holder thereof, of such declaration, by written notice mailed 
to his postoffice address and send a duplicate copy thereof to the 
auditor of the county in^ which such land is situated, and order tliel 
commissioner to take possession of the land described in such contract. 



STATE OF NORTH DAKOTA 173 

Sec. 319. REDEMPTION BEFORE RE-SALE.] In all cases where 
the rights of a purchaser, his heirs or assigns, become forfeited under 
the provisions of this article, by failing to pay the amounts required, 
suchl purchaser, his heirs or assigns, may, before the re-sale at public 
auction of the lands described in such contract, pay to the state treasury 
the amount of interest due and payable on such contract, and all costs 
which have been incurred in addition thereto, together with interest at 
the rate of twelve per cent per annum on the interest and costs so due 
fi'om the date of delinquency to the date of payment, and such payment 
shall operate as a redemption of the rights of such purchaser, his heirs 
or assigns, .and such contract from the time of such payment shall be 
in full force and effect, as if no forfeiture had occurred; provided, 
that after the rights of a purchaser, his heirs or assigns, shall have 
become forfeited under the provisions of this article, the board of uni- 
versity and school lands shall have the power, and it is hereby made 
their duty, to provide for the re-sale of said land so forfeited if in their 
opinion a re-sale of said land shall be most advantageous to the state, 
otherwise the said board shall provide for the leasing of said land 
from year to year as herein provided, and after a lease of said land 
shall be made by said board, the lessee, his heirs and assigns, shall 
be entitled to the full and absolute possession of all said lands and 
premises so leased. 

Sec. 320. FfeE IN STATE UNTIL CONTRACT FULFILLED.] The 
fee o"f each parcel of such lands shall be and remain in the state until 
the patents hereinafter provided for are issued for the same respect- 
ively, and no patent shall issue until full payment of all sums and full 
compliance with all the conditions of the contract of purchase, and in 
case of non-compliance by the purchaser, his heirs or assigns, with the 
terms of the contract as^ aforesaid, or with the provisions of law ap- 
plicable thereto, and any and all persons being or continuing in pos- 
session of any such lands after a failure to comply with the terms of 
the contract as aforesaid, or with such provisions of law, as aforesaid, 
without a written permission of the commissioner, shall be deemed and 
held to detain such land forcibly and without right, and to be tres- 
passers thereon. 

Sec. 321. RECOVERY OF POSSESSION.] In case any person holds 
cr continues in possession of any of the land mentioned in this article, 
contrary to the conditions or covenants of any lease or written agree- 
ment, he shall be liable to an action of forcible detainer, or any other 
proper action for the recovery of possession of such lands and damages 
for detention of the same. 

Sec. 322. RECONVEYANCE TO THE UNITED STATES.] In all 
cases where lands have been erroneously or improperly certified or 
conveyed to the state of North Dakota for school or other purposes 
by the United States, the governor of the state is authorized to reconvey 
or relinquish by the execution, under his hand and seal of the state, of 



174 GENERAL SCHOOL LAWS 

such, conveyances as will be necessary to convey or relinquish, the title 
which the state may have to such lands. 

Sec. 323. PATENTS, WHEN TO ISSUE.] No grant or patent for 
any lands sold under the provisions of this article shall issue until 
payment in full is made for the same and all terms of the contract of 
purchase are fully complied with. Provided that payments upon the 
contract of purchase may be made before due after the expiration of 
five years from the day of sale, and that if made before due they shall 
be made at an interest paying date and one year's interest in advance 
shall be paid on all moneys so paid. Provided, further, that any school 
or institution lands that may be required for townsite purposes may 
be paid for at any time and patents issued therefore. Provided further, 
that any lands sold under the provisions of law heretofore existing 
may be paid for, upon the terms herein prescribed for sales of land 
hereafter to be made. When the terms of the contract of purchase 
are fully complied with as herein provided, the board of university 
and school lands shall so certify to the governor, who shall thereupon 
issue to the purchaser thereof, his heirs and assigns, a patent conveying 
the title of the state to said land, and the governor shall likewise issue 
a patent to the purchaser of the rights, title and interest of the original 
purchaser, his heirs and assigns, acquired by any execution sale. All 
such patents shall be signed by the governor and attested by the secre- 
tary of state with the great seal of the state, and shall be countersigned 
by the board of university and school lands with the seal of the 
secretary of such board. 

Sec, 324. PATENTS TO BE RECORDED.] The registers of deeds 
of the several counties of this state are authorized to record all patents 
issued by the governor pursuant to the provisions of this article; and 
the records thereof shall have the same effect as the record of other 
conveyances executed according to the laws of this state. 

Sec. 325. TAXATION OP LANDS AFTER SALE. PURCHASER OF 
TAX CERTIFICATE.] The commissioner shall, as soon as possible 
after sale of land, transmit to the auditor of each county, in which 
any lands mentioned in this article have been sold, a detailed description 
of each parcel of the land so sold and the names of the purchasers, 
and the auditor shall extend the same upon his tax duplicate for the 
purpose of taxation. The lands so contracted to be sold by the state 
shall be subject to taxation from the date of such contract and the 
taxes assessed thereon shall be collected and enforced in like manner 
as against other land. Provided that in case the taxes assessed against 
any of said lands remain unpaid until the first Monday in October of 
the following year, then and thereupon the 'contract of sale for such 
lands shall, if the board of university and school lands so determine, 
become null and void. Provided further, that when a contract is not 
declared null and void by said board for failure to pay taxes before 
the time provided by law for the sale of land for delinquent taxes, any 
lands upon which taxes are delinquent at the time of such tax sale 



STATE OF NORTH DAKOTA 175 

may be sold for delinquent taxes as other lands are sold, and the 
purchaser at such tax sale of any such lands so sold for delinquent taxes 
shall only acquire by virtue of such purchase, such rights and interests as 
belong to the holder and owner of the contract of sale issued by such 
commissioner under the provisions of this article, and the right to be 
substituted in the place of such holder and owner of such contract 
of sale, as the assignee thereof; and upon the production to the proper 
officer of the tax certificate given upon such tax sale, in case such 
lands have not been redeemed, such tax purchaser shall have the right 
to make any payment of principal or interest then in default upon 
such contract of sale, as the assignee thereof. But no tax deed shall 
be issued upon any tax certificate procured under the provisions of 
this section while the legal title of said lands remains in the State of 
North Dakota. Whenever the contract for the sale of any of said lands 
has been canceled, it shall be the duty of the commissioner to notify 
the auditor of the county in which such lands are located, of said 
cancellation and thereafter such lands shall not be listed for taxation, 
but in the event of the redemption of any such lands, the redemptioner 
shall pay as taxes, in addition to all other charges, an amount equal to 
the tax last levied thereon for each year such land was not listed for 
taxation, together with such interest and penalty as would have been 
charged, if the same had been regularly listed and taxed. 

Sec. 326. COLLECTIONS, HOW MADE. DUTIES OF COUNTY 
TREASURER.] The purchasers of any land mentioned in this article 
and the lessees of any such lands, or their executors, administrators 
or assigns, shall pay to the county treasurer of the county in which 
such land lies, any and all amounts that may become due from time 
to time upon such contracts or leases for principal, interest, penalties 
or rent, and for the amounts so paid the county treasurer shall give to 
such person a duplicate receipt specifying the amount paid, date of pay- 
ment, the number of the contract or lease and the description of the land 
for which the payment is made, name of the person making such pay- 
ment, nature of the payment, whether for interest, principal, penalty or 
rent and for what year, and a separate receipt shall be given for each 
contract or lease, and a separate receipt for each year's interest, and 
principal and interest shall not be included in the same receipt. All 
moneys received by each county treasurer under the provisions of this 
article shall at all time be held by him subject to the order and direction 
of the state treasurer and board of university and school lands, and on 
the first day of each month or within fifteen days thereafter, the county 
ti-easm-er of each county shall make report to the commissioner of uni- 
versity and school lands of all moneys so collected by him during the 
next preceding calendar month, which report shall be in such form and 
on such blanks as may be prescribed and furnished by the commissioner, 
and a separate report shall be made for principal, interest and rent, and 
such report shall embrace a list of all receipts for the month, briefly 
described, amovmt of each receipt, and the total amount collected for the 



176 GENERAL SCHOOL LAWS 

month from each source. Such reports shall be duly certified by the 
county treasurer as correct and shall be by him transmitted forwith to 
the commissioner of university and school lands, together with a tripli- 
cate of each receipt shown on each report. The county treasurer shall 
also and at the same time that he makes his report to the land commis- 
sioner, make a similar report to the state auditor, of the total amount 
collected from each of said sources for the month, which shall corres- 
pond with the amount reported to the land commissioner as herein pro- 
vided, from principal, interest, rent and other sources. As soon as pos- 
sible after he has received the reports from the several county treasurers, 
as provided in this section, it shall be the duty of the commissioner of 
university and school lands to check up and verify said reports from the 
records of his office and to apportion the several amounts to the funds 
to which the same are applicable, which apportionment he shall certify 
to the state auditor, who shall proceed to make drafts on the respective 
county treasurers in the same manner as drafts are made for state 
taxes, and to the credit of the proper funds as certified to him by the land 
commissioner. 

Sec. 327. BOND OF COUNTY TREASURER. CONDITIONS OF.] The 
bond of each county treasurer shall be conditioned for the honest and 
faithful discharge of all trusts and responsibility imposed by this article, 
and for the faithful payment of and accounting for all moneys received 
by him under the provisions of this article to the state treasurer or 
any other person entitled to receive the same, and the board of university 
and school lands shall on or before the first day of January, following 
any election for county officers, certify to the chairman of the board 
of county commissioners of each county the amount of money liable 
to come into the hands of the treasurer of the county under the pro- 
visions of this article, and the board of county commissioners shall 
add to the amount of the sum required on his regular official bond 
to the county double the sum so certified by the board of university 
and school lands, and the record of the proceedings of such board of 
county commissioners when fixing the amount of such bond shall specify 
in two separate items the aggregate amount of the bond so made up, 
designating one sum as the amount to indemnify the county, and the 
other to indemnify the state for any losses incurred by reason of failure 
to comply with the provisions of all laws regulating his duty. 

Sec. 328. Repealed 1915. 

Sec. 329. DUTY OP COUNTY AUDITOR.] The county auditor shall, 
at the time he is required by law to return abstracts of settlement to 
the state auditor, also forward to the land commissioner all duplicate 
or triplicate receipts of principal, interest, penalty or rental on state 
lands, with a certified statement of such collection by the county treas- 
urer, specifying the amount of each item; and he shall also make 
such return at any other time as may be required by the board of 
university and school lands. 

Sec. 330. LIST OP LANDS SOLD TO BE FURNISHED COUNTY 



STATE OF NORTH DAKOTA 177 

TREASURER.] On or before the first day of December in each year 
the commissioner shall cause to be made out and transmitted to county 
treasurers a statement showing the lands sold in their respective coun- 
ties, the number of the contracts, the name of the person to whom 
each contract was issued, and the amount of both principal and interest 
due on each on the first day of January, together with such directions, 
instructions and blanks as shall enable the county treasurers to carry 
out the provisions of this article. 

Sec. 331. TOWNSHIP ASSESSORS TO EXAMINE STATE LANDS.] 
It shall be the duty of all township and district assessors, whenever 
required by the commissioner to examine and report on any lands des- 
ignated to them by him, in the manner and form prescribed by him, 
and for such examination they shall be . paid at the rate of three dollars 
per day for time actually engaged, upon vouchers approved by the 
commissioner. 

Sec. 332. TRANSFER OF RECORDS TO COMMISSIONER.] All ab- 
stracts and conveyances of title to the state of North Dakota whether 
the said lands are held for penal, educational, charitable, school or 
other purposes, shall be, by those in whose charge such conveyances 
now are or may come, deposited with and remain in the control of the 
commissioner of university and school lands. 

Sec. 333. PERMANENT AND GENERAL FUNDS.] The principal ac- 
cruing from all sales of school, university or other state lands under 
the control of the board of university and school lands, as provided 
for in this article, shall become a part of the several permanent funds 
to which they respectively belong and shall not be reduced by, any 
means whatever. All moneys received as interest, for rents, penalties, 
permits or from any source other than from the principal of sales shall 
become a part of the general or current funds to which they respectively 
belong and shall be distributed as directed by law. 

Sec. 334. QUANTITY OF LANDS TO BE SOLD.] No more than 
one-fourth of the common school lands of the state shall be sold within 
the first five years after they become salable under the provisions of 
section 155 of the constitution, nor more than one-half of the remainder 
within ten years after the same become salable as aforesaid. The 
residue may be sold at any time after the expiration of such ten years; 
provided, however, that the coal lands of the state shall not be sold, 
but may be leased under the provisions of any law governing such 
leases. The words "coal lands" include lands bearing lignite coal. 

Sec. 335. EXPENSES OF SALE, HOW PAID.] The expenses of 
publishing notices of the sale of the university, school and all other 
public lands of the state shall be paid by the state treasurer upon 
the warrant of the state auditor out of the general or current funds 
of the different institutions as designated in section 333, and such 
expenses shall be apportioned according to the receipts credited each 
fund from proceeds of each and every sale. All bills for such pub- 
lishing shall be verified by the publisher and approved by the board 



178 GENERAL SCHOOL LAWS 

of university and school lands. There is hereby annually appropriated 
out of any funds in the treasury not otherwise appropriated, the sum 
of four thousand dollars, or so much thereof as may be found neces- 
sary, for the purpose of paying the expense of appraising, advertising 
and selling common school, institution or other lands, under the control 
of the board of university and school lands. 



SALE OF INSTITUTION LANDS. 
(Chap. 242, p. 361, 1915.) 

Sec. 1. SCHOOL LANDS MAY BE ACQUIRED FOR PUBLIC PUR- 
POSES.] That any person, firm, public or private corporation, desir- 
ing to acquire any school or institutional lands belonging to the state, 
for townsite purposes, school house sites, church sites, cemetery sites, 
sites for other educational or charitable institutions, public parks, fair 
grounds, public highways, railroad right-of-way or other railway uses 
and purposes, reservoirs for the storage of water for irrigation, drain 
ditches or irrigation ditches, or for any of the purposes over which 
thai right of eminent domain may be exercised under the Constitution 
and laws of the State of North Dakota, may make written application 
to the Board of University and School Lands therefor, and such appli- 
cation shall state briefly the purposes for which such land is required 
and shall describe the same as accurately as possible; such applicatipn 
shall be accompanied by a map showing the land desired to be taken 
and such petition shall be verified by the applicant or by some officer 
thereof, in case the applicant be a public or private corporation. . 

Sec. 2. If the land sought to be taken has been appraised within 
the period of two years prior to the filing of such application, the 
Board of University and School Lands shall cause notice to be given 
as hereinafter provided and thereupon proceed to consider and pass 
upon such application, and if, in their opinion, the land is required 
for the purposes stated in the application, the board shall thereupon 
fix a price at which thei conveyance of the entire tract of said land 
shall be voluntarily made, which price shall not be less than the ap- 
praised value. In case such land has not been appraised within two 
years, the Board of University and School Lands shall take steps to 
have the same appraised in accordance with the provisions of law, 
when the proceeding for conveyance shall be the same as hereinbefore 
provided, and upon such agreement and the payment of the full purchase 
price, the board shall cause to be executed to the applicant, a deed of 
conveyance of such tract of land. 

Sec. 3. Where the land sought to be acquired is less than the entire 
tract, the board shall cause the same to be appraised and thereupon 
fix a price at which said partial tract will be conveyed, taking into 
consideration the value of the land taken together with all detriment 
caused to the remaining portions of the tract. 

Sec. 4. HEARING TO BE HAD AND NOTICE TO BE PUBLISHED.] 



STATE OF NORTH DAKOTA 179 

The Board of University and School Lands shall cause public notice 
to be given of the time and place when it will hear' said application, 
therein describing the land and stating the purpose for which same is 
sought to be purchased, said notice shall be published in a newspaper 
of general circulation near to the land applied for, three times, once 
each week for three consecutive weeks, before the day set for hearing 
the application, and any citizen interested may appear and show cause 
why said land should not be sold or why the price fixed is not sufficient. 

Sec. 5. If in any case the applicant is unwilling to pay the price 
fixed by the board for a conveyance, he may proceed to the district 
court to condemn the land required in an action against the state under 
the same rules as govern other condemnation suits; provided, how- 
ever, that the amount awarded by the court or jury as damages for 
the taking of an entire tract shall not be less than the appraised 
value thereof; and provided, further, that the board and the court 
or jury fixing the amount to be paid for either an entire tract or a 
part thereof shall take into consideration not only the appraised value 
of the land and its actual value for all ordinary purposes but any 
Increased value it may have for any special and unusual purpose by 
reason of the existence of the fact that make the exercise of the power 
of eminent domain proper and necessary. For example, if such land 
is desired for a gravel pit, its value may be estimated with reference 
to the existence of the demand for gravel taking into consideration 
the necessities of the party seeking to acquire the land, or if for town- 
site purposes taking into consideration its value to the state, if used 
for that purpose by the state, taking into consideration further, the 
necessity for a townsite at that point warranting the exercise of the 
power of eminent domain for that purpose. 



AUTHORITY TO DEED LANDS. 
(Chap. 243, p. 363, 1915.) 

Sec. 1. That the Board of University and School Lands of the State 
of North Dakota are hereby authorized to deed to the United States 
Government Section 16, Township 138, North, of Range 81 West of the 
Fifth Principal Meridian; provided, that the United States Government 
shall authorize and empower the Board of University and School Lands 
of the State of North Dakota to select from vacant public lands within 
the State of North Dakota lieu lands in exchange for said section; and 
provided, further, that as the vacant public lands remaining in North 
Dakota are rough lands and of much less value than the lands pro- 
posed to be deeded to the United States Government that therefore the 
United States Government shall in exchange for the section of land 
as proposed give to the State of North Dakota not less than two sections 
of land. 

Sec. 1. LAND DESCRIBED.] That Sections 16 and 36, Township 147, 



180 GENERAL SCHOOL LAWS 

Range 96 and Sections 16 and 36, Township 148, Range 96, and Sections 
16 and 36, Township 147, Range 97 and Sections 16 and 36, Township 
148, Range 97, all west of the fifth principal meridian in Dunn County, 
all in the Killdeer Mountain district, be withdrawn from sale except 
for park purposes, until otherwise provided by law. Chap. 205, p. 291, 
1917. 



SCHOOL LAND CONTRACTS. 
(Chap. 208, Session Laws of 1909.) 

Sec. 8165. HOLDER OF CONTRACT FOR PURCHASE OF LAND 
FROM STATE MAY SUE.] Any person who shall hold any contract 
from the state through the board of university and school lands, or 
otherwise, for the purchase of any real property within the state, may 
maintain any action for injuries done the same; also an action to 
recover possession thereof in the same manner as though he possessed 
the fee simple title to such lands; provided, however, that in any action 
or proceeding by or against a railway company with reference to right- 
of-way or otherwise, the court shall, in any judgment which it may 
enter, protect the interest of the state in and to such real property, 
to the extent that the value of such lands taken at the price agreed to 
be paid per acre to the state therefor, shall be directed to be paid to 
the proper official of the state; and upon such payment any claim 
of the state or any of its boards to such part of said property as shall 
be taken by the railway company shall be at an end. 

DIGESTS OF SUPREME COURT DECISIONS. 

E. H. FULLER v. THE BOARD OF UNIVERSITY AND SCHOOL LANDS 

OP THE STATE OF NORTH DAKOTA, AND ALEX. McDONALD, 

AS COMMISSIONER OF UNIVERSITY AND SCHOOL LANDS 

OF THE STATE OF NORTH DAKOTA. 

1. SCHOOL LANDS. SALE. POWER OF BOARD OF UNIVERSITY 
AND SCHOOL LANDS.] Section 156 of the state constitution, providing 
for the Board of University and School Lands, construed with statutory 
enactment carrying the same into effect, gives said board general and 
full powers in the sale of school lands, except as otherwise limited by 
constitutional and statutory enactment. 

2. SCHOOL LANDS. SALE. POWER OP BOARD OF UNIVERSITY 
AND SCHOOL LANDS.] Such grant of power carries with it the duty 
by the board of using judgment and discretion in such matters, com- 
mensurate with the importance of its duties as the trustee of the school 
fund of the state. 

3. PUBLIC LANDS. DISAPPROVAL OF SALE BY BOARD. RIGHT 
OF REVIEW.] Under section 174 of the Revised Codes of 1905, pro- 
viding for the approval and consummation of school sales by the board, 
the disapproval by the board of a sale of school lands, and refusal to 
cause contract of sale to be executed, of land struck off at a school 
sale to a bidder, cannot be reviewed or controlled by the courts, the 
board's conclusion being final. 



STATE OF NORTH DAKOTA 181 

4. MANDAMUS. REVIEW OF DISCRETIONARY ACTS OP BOARD.] 
Held, further, that such decision of the board is a quasi-judicial de- 
termination, as distinguished from ministerial acts, and mandamus will 
not lie to review the same, or the evidence or information upon which 
such decision was based. 

5. CERTIORARI. GROUNDS. JURISDICTION.] Under the facts 
disclosed by the record in this case, certiorari will not lie to review 
such action of the board. 21 N. D. 212. (Opinion filed January 30, 1911.) 

HERMAN E. SOX, RESPONDENT, v. V. W. MIRACLE ET AL. 

An executory land contract for the purchase of school lands from 
the state of North Dakota, although technically speaking not real prop- 
erty, must, under the provisions of sections 300 to 335, Compiled Laws, 
1913, be levied upon and sold by a creditor of the vendee as such. 
35 N. D. 458. (Opinion filed December 2, 1916.) Rehearing denied De- 
cember 28, 1916. 

SCHOOL DISTRICT No. 109, OF WALSH COUNTY, NORTH DAKOTA, 

V. PETER HEFTA. 

On approval of a contract for the sale of school land, the purchaser 

obtains a title subject to transfer by deed and by execution sale and 

subject to taxation and to adverse possession. 35 N. D. 637. (Opinion 

filed January 15, 1917.) Petition for rehearing denied January 22, 1917. 

TRUMBO V. VERNON. 

2. PUBLIC LANDS. ASSIGNMENT OF CERTIFICATE OF SALE.] 

A person obtains no better title to land by virtue of the assignment only 

of a certificate of sale from the board of university and school lands 

than the assignor had. 22 N.D. 191. (Opinion filed October 31, 1911.) 

ERICKSON ET AL. v. CASS COUNTY ET AL. 

SCHOOL LANDS HELD IN TRUST.] Lands granted by the United 
States to the state for school purposes are held in trust, and are not 
subject to taxation or assessment for benefits arising from the construc- 
tion of drains. 11 N. D. 95. 



ARTICLE 42.— LEASE OF SCHOOL LANDS 

Sec. 336. LANDS SUBJECT TO LEASE.] All the common school 
lands and all other public lands of the state that are not of such 
value as will admit of appraisal at ten dollars or more per acre, at 
the time of any regular appraisal, may be leased; provided, that no 
leases can be granted for a period longer than five years, and only for 
pasturage and meadow purposes, and at public auction after notice 
as hereinafter provided; provided, further, that all of such school and 
public lands now under cultivation may be leased at the discretion 
and under the control of the board of university and school lands for 
other than pasturage and meadow purposes until sold; provided, further, 
that in case of a sale of the land so leased during the term of the lease, 



182 GENERAL SCHOOL LAWS 

the lessee shall be given ninety days' notice, and provided, further, that 
at the expiration of said lease or within ninety days of the date of 
receiving the aforesaid notice, the said lessee may remove from said 
lands so leased, all fences, sheds, water tanks, wind mills, etc., used: 
upon said lands by said lessee. All rents shall be paid annually in 
advance. 

Sec. 337. MAY LEASE CULTIVATED LANDS.] The commissioner 
of university and school lands is hereby authorized and empowered to 
lease cultivated school and institution lands in the several counties of 
the state for the period of two years for the purpose of summer-fallow- 
ing the first year and cropping the next, when in his opinion it la 
necessary so to do in order to clear the same of noxious weeds, said 
lessee to pay only one year's rent for the same. When any lands are 
leased as above provided the party so leasing the same, before lease is 
approved by the board of university and school lands, shall pay to 
the county treasurer of the county in which the land is situated the 
total amount of rent therefor. Should the lessee so renting the land 
as above provided, fail or neglect to summer-fallow the same at the 
proper time, the board of university and school lands in their discretion 
may declare the lease canceled and the amount paid thereon will thereby 
become forfeited. 

Sec. 338. APPRAISAL FOR LEASE BY COUNTY BOARD.] It shall 
be the duty of the county board of appraisers, each and every year, if 
so ordered, to appraise in the same manner as all other lands that 
are listed for taxation are appraised, all the common school and other 
public lands of the state in their respective districts that may be in- 
cluded in the order, making a return of all such appraisals to the board 
of university and school lands in the form prescribed on blanks fur- 
nished by the board; such returns to be made on or before the first 
day of July of the same year; and for any services performed as re- 
quired by this article they shall be paid at the rate of three dollars 
per day, to be paid by the state treasurer out of the funds appropriated 
for the current expenses of such board. It shall be the duty of the 
board of university and school lands to equalize the appraisements so 
returned as to counties by adding thereto or taking therefrom such a 
uniform percentage as may in its judgment seem proper and fair in 
order to arrive at a just and equitable equalization between the several 
counties, and upon such valuation so fixed the board of university and 
school lands are authorized to fix a per cent per acre as the minimum 
price at which the land can be leased; provided, that the lowest price 
of lands leased for pasturage cannot be below one-half of one per cent 
of the average value in the county, and for any cultivated lands in 
the county the lowest price cannot be below two and one-half per cent 
of the appraised value of each cultivated tract. And when advertising 
the same for lease they shall set opposite each description the value 
thereof as equalized by them, which valuation shall form the basis for 
leasing the same. 



STATE OF NORTH DAKOTA 183 

Sec. 339. SELECTION OF LANDS FOR LEASE.] The board of uni- 
versity and school lands shall have the power, and it is hereby made 
its duty to select from the lands so appraised such tracts as in the 
judgment of the board can be leased with profit to the school and other 
permanent land funds of the state, or as the legislature may by law 
order to be leased, and shall at such time as in its judgment is for 
the best interests of the state, proceed to advertise for lease and offer 
for lease, in each succeeding year, such lands as have thus been selected. 

Sec. 340. ADVERTISEMENT FOR LEASING.] All such lands to be 
leased or offered for lease lying within the respective counties shall by 
the board of university and school lands be advertised for lease by 
publication once a week for not less than sixty days in some newspaper 
or newspapers of general circulation in the vicinity of such lands. 
Such advertisement shall contain the designation or proper description 
of each tract or parcel of land so to be leased, the appraised value of 
each tract and the per cent on such valuation fixed by the board as the 
minimum price at which such land can be leased, and the terms of the 
lease. A copy of such advertisement shall also be posted in a con- 
spicuous place at the court house of the county, and a notice of the 
time and place where the said lands are to be leased shall also be 
published for not less than sixty days in one newspaper at the seat 
of government by such board of university and school lands; provided, 
that if in the opinion of the board there will not be sufficient of such 
lands situate. in any county leased, to warrant the expense of adver- 
tisement in a newspaper, by description of each tract or parcel, the 
notice may be given by general advertisement. 

Sec. 341. MANNER OF LEASING. BY WHOM MADE. HOW CON- 
DUCTED.] It shall be ,the duty of the commissioner of university 
and school lands, or such other person as may be appointed by the 
board of university and school lands, to conduct the leasing of such 
lands in accordance with the provisions of this article and such direc- 
tions as shall be prescribed therefor by the board; provided, that the 
leasing shall be at public auction to the highest bidder at the court 
house or place where terms of the district court are held, commencing 
on the day specified in the advertisement for such lease and between 
the hours of ten o'clock a. m. and five o'clock p. m. to continue from 
day to day until all tracts or parcels of land advertised for lease shall 
have been leased or offered for lease; but the time for leasing the 
same shall not exceed ten days in any county, except that an adjourn- 
ment may be made over the Sabbath or any legal holiday. In counties 
where a large number of tracts of land are to be leased the land 
situated in certain townships may be designated in the advertisement 
to be leased on certain specified days and in such case such lands 
shall be leased or offered for lease on such specified days, or for want 
of time for the leasing or offering for lease of all such designated 
lands the leasing of those unoffered may be adjourned until the fol- 
lowing day or days, when they must be the first lands offered for lease. 



184 GENERAL SCHOOL LAWS 

Such lands as shall not have been specially subdivided shall be leased 
or offered for lease in tracts of one-quarter section each, and those so 
subdivided in the smallest subdivision thereof. Notice must be given 
when the land is offered that all bids are subject to approval by the 
board. At the time of offering the lands for lease the county auditor 
of the county shall act as clerk, and it shall be his duty to make report 
thereof, stating the terms of such leasing, as is prescribed in section 307 
for making reports of sales. 

Sec. 342. BIDDERS TO PAY FIRST YEAR'S RENT AT TIME OF 
LEASING. PROVISIONS FOR FAILURE TO PAY.] The highest bidder 
for any parcel of land shall at once deposit the amount of his bid with 
the county treasurer, who shall act as treasurer of said leasing, failing 
to do which the bid of the next highest bidder shall be accepted under 
like conditions; provided, his bid shall not be less than the minimum 
price as fixed under and in pursuance of section 338. 

Sec. 343. ADJOURNMENT OF LEASE.] Whenever the board of uni- 
versity and school lands finds that the interests of the state will be 
subserved by the adjournment of the time for offering lands for lease, 
the authority conferred by section 305 for adjournment of sales is made 
applicable to the leasing of lands. 

Sec. 344. APPROVAL OF LEASE AND EXECUTION OF CONTRACT 
FOR LEASE.] Immediately upon receipt of the report of the county 
auditor as required by this article, the board of university and school 
lands shall approve and confirm the lease of all such tracts as' in Its 
judgment should be made, and shall at once certify a list of the ap- 
proved leases to the commissioner who shall without delay execute 
duplicate contracts of lease in the form prescribed by the board, and 
forward to the lessee a copy marked "duplicate," the "original" being 
idled in the office of the commissioner, who shall also forthwith certify 
to the auditor of the proper county, a list of such leases as have been 
approved by the board. In case any of the lands in any county may re- 
main unleased after the date advertised for the leasing, the board shall 
have authority to make contracts of lease for' said lands to the first ap- 
plicant therefor at nt)t less than the minimum price thereof. 

Sec. 345. LESSEE NOT TO DESTROY TIMBER.] No lessee of any 
of the common school or public lands of this state, or his heirs or 
assigns, shall cut down or take away from such tract any timber, trees 
or wood, or suffer or cause the same to be done, by any person, except 
that such lessee may cut down or use such amount of dead or prostrate 
trees or timbers as may be sufficient to supply him with fuel for his 
family, or the families of his employes actually residing upon said tract, 
and further, that such lessee, his representative or assigns may, during 
his term or within a reasonable time thereafter, remove any pump, 
curbing, fencing, or any other improvement he may have placed thereon 
or received from any preceding occupant or lessee of the land. Any 
lessee violating the provisions of this section shall forfeit his lease 
and all rights and interests thereunder, and shall be liable to the state 



STATE OF NORTH DAKOTA 185 

for damages sustained by the state by reason thereof and shall be 
guilty of a misdemeanor. 

Sec. 346. LESSEE NOT TO BREAK UNCULTIVATED LAND.] No 
lessee, or his heirs or assigns of any lessee, of any of the common 
school or public . lands of this state, leased for meadow or pasturage 
purposes, or of school or public lands leased for the purpose of culti- 
cation, which may contain any uncultivated or unbroken land, shall 
break, plow or cultivate any unbroken land on any tract so leased, or 
cause or suffer it to be done by any other person. And any lessee, or 
his heirs, or assigns, who shall violate the provisions of this section 
shall incur the same forfeitures and liabilities as are provided in the 
preceding section, and shall also be guilty of a misdemeanor. 

Sec. 347. HAY NOT TO BE CUT BEFORE JULY FIRST.] No lessee 
or his heirs or assigns, shall mow or cut for hay or feed any grass 
on any unbroken land, or cause or suffer the same to be done by any 
other person prior to the first day of July in any year. And any lessee 
or his heirs or assigns, who shall violate the provisions of this section 
shall incur the same forfeitures and liabilities as are provided in section 
345, and shall also be guilty of a misdemeanor. 

Sec. 348. BOARD OF UNIVERSITY AND SCHOOL LANDS TO GRANT 
PERMITS TO CUT HAY AND TO REMOVE DEAD AND DOWN TIM- 
BER.] The board shall authority, when in its judgment it is for the best 
interests of the state so to do, to sell the right to cut grass on any of 
the public lands of the state and to sell any down and dead timber 
on said lands for such price, terms and conditions as they may think 
proper, but no dead timber, if standing, shall be deemed to be included 
in the sale unless expressly so specified in the permit. All such permits 
shall only be for the current season and between the fifteenth day of 
June and the first day of April of the following year, and no control 
of rights of occupancy of said land shall be other than what is specified 
in such permit; said permit shall be sold by the several county treas- 
urers, whose duties and compensation shall be prescribed by the board 
of university and school lands, but said compensation shall be based 
upon a percentage of amounts of money collected and remitted to the 
state treasurer from said sale of grass and timber in their respective 
counties. All permits shall be paid for in advance. 

Sec. 349. TRESPASS UPON PUBLIC LANDS. CIVIL ACTION FOR.] 
Whoever commits any trespass upon any of the lands owned, or held 
in trust, or otherwise by the state shall be liable in treble damages 
in an action to be brought in the name of the state, if such trespass 
is adjudged to have been willful; but single damages only shall be 
recovered in such action if such trespass is adjudged to have been 
casual and involuntary. 

Sec. 350. BOARD EMPOWERED TO LEASE FOR COAL MINING.] 
The board of university and school lands is hereby authorized and 
empowered to lease for coal mining purposes any lands under its control 
designated as common school lands and all other public lands of the 



186 GENERAL SCHOOL LAWS 

state owned or held in trust by the state or granted to any public 
institution of the state, which contain coal including therein lignite 
coal. Any lease so made shall be for such period of time as such 
board may determine. 

Sec. 351. HOW ADVERTISED.] The manner of advertising and of. 
leasing such lands for coal mining purposes, and approval and execution, 
thereof, shall be the same as provided in sections 340, 341 and 343 

Sec. 352. MINIMUM PRICE.] 'Such lands shall not be leased fori 
coal mining purposes for a less sum than ten cents per ton of 2240 1 
pounds, for each and every ton of coal mined thereon; provided, that 
no lease of any such land for such purpose shall be made for less 
than $10 per annum for each and every forty-acre tract or fraction 
thereof, it being expressly provided that at the time of the making 
and execution of such lease, and annually thereafter, there shall be 
paid by the lessee an amount equal to $10 for every forty-acre tract 
of land so leased or any fraction thereof to the person, and in the 
manner prescribed herein, or by the rules and regulations of the board 
of university and school lands; it being further provided that upon 
such lessee mining any coal or lignite coal thereon during a period 
of one year from and after the date of such payment, such lessee shall 
have credit upon the amount due under the terms of such lease on 
tonnage for the amount paid at the execution of such lease or at the 
time of the annual payment thereafter made as hereinbefore provided; 
the amount received for the lease of any such land for coal mining 
purposes to be used in the same manner, and for the same purpose, as 
is provided for other money received for the lease of common school 
and other public lands. 

Sec. 353. BOARD AUTHORIZED TO MAKE RULES.] The board of 
university and school lands is hereby authorized to make such rules 
and regulations, as shall be by it deemed necessary, for the manner 
of determining the amount of rent due under any such lease, the manner 
and time of payment, and for such other conduct of the business of 
such leasing not in conflict with the provisions of law. 

Sec. 354. LEASE NOT TO INTERFERE WITH RIGHTS TO LEASE 
FOR PASTURE OR MEADOW.] The leasing of any such land for coal 
mining purposes shall not interfere with the right and authority of 
such board to lease the same land for pasture or meadow purposes, 
and each and every lease so made for coal mining purposes shall con- 
tain therein a provision plainly and explicitly reserving to such board 
the right to so rent such lands for pasture and meadow purposes 
without such renting in any manner affecting the conditions or terms 
of such lease for coal mining purposes, and reserving to the said board 
the right to use, occupy and lease the surface of all such lands; 
provided, that any such lessee for coal mining purposes shall have the 
right to the use and occupancy of so much of the surface of such lands 
as may be necessary for entry, dumps, buildings, tramways or other 



STATE OF NORTH DAKOTA 187 

railways, roadways or uses in the mining, storing and shipping of coal 
mined thereon. 

Sec. 355. LEASING RESTRICTED.] No leases shall be made of 
any such lands having coal or lignite coal thereon for pasture or meadow 
purposes, except there shall be contained in such lease a provision 
authorizing the leasing of the same land for coal mining purposes and 
reserving to the said board the right to use and occupy, or lease for 
use and occupancy, and authorizing the use and occupancy of so much 
of the surface of said land as shall be required by any lessee of the 
same for coal mining purposes, for the uses and purposes set forth 
in section 354, 

Sec. 356. BOARD TO MAKE SCHEDULE OP LANDS.] The board 
of university and school lands shall, as soon as possible, and by the 
best means at its command, and with the assistance of the state geolo- 
gist, proceed to ascertain and determine the quantity and description 
of all common school or other public lands under its control, on which 
coal or lignite coal exists, and make and compile a statement and 
schedule of all such lands. 

Sec. 357. PENALTY FOR VIOLATION.] Any person, firm, or corpora- 
tion who shall mine, remove or cause to be mined or removed, from 
any common school land, or other public lands of the state, any coal 
or lignite coal, except the same shall be so mined or removed under 
and by virtue of the terms of this article, shall be liable to the state of 
North Dakota in damages in the sum of one dollar for each and every 
ton of coal or lignite coal so mined or removed, and shall be deemed 
guilty of a misdemeanor and, upon conviction thereof, shall be punished 
by a fine of not less than two hundred and fifty dollars, nor more 
than one thousand dollars, or by imprisonment in the county jail for 
not less than thirty days nor more than one year, or by both such fine 
and imprisonment; each and every day or fraction of a day so occupied 
in mining or removing such coal or lignite coal from any such land, 
is hereby declared to be a separate offense against the provisions of 
this article. 

Sec. 358. WILLFUL TRESPASS. PENALTY.] Whoever commits 
any willful trespass upon any of the lands owned or held in trust 
or otherwise by this state, either by cutting down or destroying any 
timber or wood standing or growing thereon, or by carrying away any 
timber or wood therefrom, or by mowing or cutting or removing any 
hay or grass standing or growing or being thereon, or who injures 
or removes any buildings, fences, improvements or other property be- 
longing or appertaining to said land or unlawfully breaks or cultivates 
any of said lands or aids, directs or countenances such trespass or 
other injury shall be deemed guilty of a misdemeanor, and on conviction 
thereof shall be punished by Imprisonment in the county jail not more 
than one year, or by fine not exceeding five hundred dollars, or both 
such fine and imprisonment, in the discretion of the court. And whoever 
Is occupying, residing upon or in possession of any school or other 



188 , GENERAL SCHOOL LAWS 

public lands owned or held in trust or otherwise by the state at the 
time of the passage, approval and taking effect of this article without a 
valid lease therefor shall be deemed and held to be a willful trespasser 
thereon and guilty of trespass upon such land, and upon conviction 
thereof shall be punished as provided for in this section for any other 
act of trespass. 

Sec. 359. PROPERTY TO BE SEIZED.] In addition to the penalties 
provided for in this article against those committing trespass upon any 
of the lands owned or held in trust or otherwise by this state, the 
commissioner is authorized and empowered without legal process to 
seize and take, or cause toi be seized and taken any and all timber, 
grass, wood or other property unlawfully severed from such lands, 
whether the same has been removed from such lands or not, and may 
dispose of the property so seized and taken, either at public or private 
sale, in such manner as will be most conducive to the interests of the 
state; and all moneys arising therefrom after deducting the reasonable 
and necessary expenses of such seizure and sale shall be made a part 
of the general fund belonging to the public lands and shall be distributed 
in accordance with the provisions of this article. 

Sec. 360. DAMAGES.] All damages recovered for any trespass, or 
other injury upon or to any of the lands mentioned in this article, 
shall be paid over to the state treasurer for the benefit of the general 
fund to which the same properly belongs. 

Sec. 361. STATE'S ATTORNEY TO PROSECUTE AND REPORT.] 
The state's attorneys of the several counties shall promptly report to 
the commissioner all cases of trespass committed upon such lands, 
which may come to their knowledge, and shall, when directed by the 
attorney general, prosecute all actions for any trespass or injury thereto, 
or for recovery of possession thereof, or otherwise. 

Sec. 362. EXPENSE OP ADVERTISING AND LEASING.] There is 
hereby annually appropriated out of any funds in the treasury not 
otherwise appropriated the sum of two thousand dollars, or so much 
thereof as may be found necessary, for the purpose of paying the expense 
of advertising the common school lands for lease and the attendant 
expense of leasing the same. 

Sec. 363. FEES. DUTY OF COUNTY TREASURERS.] It shall be 
the duty of the commissioner of university and school lands to charge 
and collect the following- fees: For each one-year lease of school or 
other state lands, one dollars and fifty cents; for each lease for a period 
of more than one year, three dollars; for each contract) for lands pur- 
chased, five dollars; for each patent, five dollars; for approving and re- 
cording each assignment of school land contract, five dollars; for furn- 
ishing certified copies of school land contracts, three dollars. All 
fees must be paid in advance, and when collected must be paid into 
the state treasury at the end of each month and be placed to the credit 
of the expense fund of the board of university and school lands. It 
shall be the duty of the county treasurer of any county where any 



STATE OF NORTH DAKOTA 189 

such lands are leased, or sold, to collect the fees hereinbefore provided 
for at the time the first payment thereon is made for leases and con- 
tracts of sale, and transmit the same to the commissioner on the first 
day of each month. 

Sec. 364. APPROPRIATION FOR EXPENSES OF BOARD.] There 
is hereby annually appropriated out of any funds in the treasury not 
otherwise appropriated the sum of five thousand dollars, or so much 
thereof as may be found necessary, for the salaries and expenses of 
the commissioner of university and school lands, clerk hire, record 
books, blanks and all such other expenses as shall be necessarily 
incurred by the board of university and school lands in carrying out 
the provisions of- this article, and such expenses shall be paid out of 
the treasury, and upon satisfactory vouchers therefor the state auditor 
shall issue his warrant for the same. 

Sec. 365. PURPOSE OF EXAMINATION.] The board of university 
and school lands shall, as soon as practicable attet the passage of this 
act, proceed to make an examination of all unsold school and state 
land, to ascertain the depth below the surface, the thickness and extent 
of any coal vein underlying such land, and to obtain data bearing on 
the soil characteristics and topographical features of each quarter sec- 
tion of land. 



190 GENERAL SCHOOL LAWS 



CHAPTER 10.— STATE, COUNTY, AND LOCAL FUNDS 

ARTICLE 43.— THE STATE TUITION FUND 

Sec. 1208. SOURCES OF.] The net proceeds arising from all fines 
and penalties for violation of state laws, from leasing the school lands 
and the interest and income from the state permanent school fund shall 
be collected and paid into the state treasury in the same manner as is 
provided by law for the collection and payment of state taxes, and 
shall constitute the state tuition fund, which shall be apportioned 
among the several counties of the state in proportion to the number 
of children . of school age in each as shown by the last enumeration 
authorized by law. 

Sec. 1209. IN PART COLLECTED BY THE COUNTY TREASURER.] 
It shall be the duty of the county treasurer to receive from the proper 
officers the net proceeds of fines, penalties and forfeitures for violation 
of state laws, and all moneys arising from leasing of school lands within 
the county, and to forward a detailed statement of moneys so collected, 
specifying the amount received from each of the above sources, to the 
state auditor at the same time that he is required to make reports of 
other moneys to such auditor. 

Sec. 1210. STATE AUDITOR TO CERTIFY TO THE SUPERINTEND- 
ENT.] It shall be the duty of the state auditor on or before the third 
Monday in February, May, August, and November in each year to certify 
to the superintendent of public instruction the amount of the state 
tuition fund. ^ 

SUPERINTENDENT APPORTIONS. The superintendent of public 
instruction shall immediately apportion such funds among the several 
counties of the state in proportion to the number of children of school 
age residing in each as shown by the last enumeration provided for by 
law and certify to the state auditor, state treasurer and to the county 
treasurer and county superintendent of each county, the amount appor- 
tioned to the respective counties. Immediately upon receipt of such 
apportionment from the state superintendent as herein provided, the 
state auditor shall draw a warrant upon the state treasurer for the full 
amount of the state tuition fund apportioned to the several counties 
and shall deliver the same to the state treasurer, taking his receipt 
therefor and shall notify the several county treasurers of the amount 
due their respective counties and that such warrant has been issued 
therefor, and the state treasurer shall pay on such warrant to the 
several county treasurers the amount due their respective counties. 

Sec. 1211. LAND INCOME KEPT SEPARATE.] All moneys arising 



STATE OF NORTH DAKOTA 191 

from interest on the permanent school fund and from leasing school 
lands shall be apportioned under a separate item and such money shall 
be taken account of as a separate item by all officers making or certify- 
ing such apportionment, or through whose hands any portion of such 
funds shall pass and it is further made the duty of the district treasurer 
to keep such funds separate from all other funds and if at the close 
of the school year any part of such funds which was apportioned prior 
to the third Monday of May of such year remains in the hands of the 
district treasurer, he shall transfer the same to the general fund of 
the district to which it was apportioned. 

Sec. 1212. FUNDS DEFINED. HOW USED.] All moneys received 
by the school district from the apportionment made by the superin- 
tendent of public instruction shall constitute and be designated the state 
tuition fund. All moneys received from district taxes, from subscrip- 
tion, from sale of property, or from any other source whatever except 
from apportionment made by the superintendent of public instruction 
shall be designated the general fund. In addition to the state tuition 
fund and the general fund, a sinking fund may be established as provided 
by this article. The state tuition fund shall be used only in the payment 
of teachers' salary; provided, that if the amount of state tuition appor- 
tioned to any district in any one year is insufficient for the payment 
of teachers' salary in such district, any money on hand or available 
belonging to the general fund of such district may be applied to meet 
such deficiency; provided, further, that if the state tuition fund appor- 
tioned to any district in any one year is more than sufficient for the 
payment of teachers' wages in such district the portion of such fund 
in excess of the amount so required shall be transferred to and become 
a part of the general fund. 

Sec. 1213. FUNDS CONTROLLED AND PAID OUT BY DISTRICT 
TREASURER.] All funds shall be kept in the possession or under the 
control of and paid out by the district treasurer except as otherwise 
provided in this chapter, and he shall keep for each district one general 
account of the entire receipts and expenditures, and separate itemized 
accounts, as herein provided, for each class of receipts and expenditures. 
His books shall at all times show by entries under proper heads all 
receipts of funds and payments made therefrom, so as to enable any 
person readily to ascertain the balance in any fund. 

Sec. 1214. WHEN NOT ENTITLED TO TUITION FUND.] No school 
district shall be entitled to receive any portion of the state tuition fund 
that fails to make a report of the enumeration of the children of school 
age in the manner provided by law, nor until the enumeration has 
been taken and reported as required by law. The county superintendent 
is empowered to withhold the payment of county tuition from any dis- 
trict whose officers have failed to make the reports required by law; 
and, further, the county superintendent shall not authorize the payment 
of money apportioned to any district unless the bond and oath of the 



192 GEN ERAL SCHOOL LAWS 

treasurer of such district has been duly approved and filed as provided 
by law. 

Sec. 1215. ENUMERATION IN NEW DISTRICTS.] New districts or- 
ganized after the annual enumeration has been taken shall proceed 
immediately to take the enumeration as provided by law, and after the 
receipt of such enumeration by the superintendent of public instruction 
through the county superintendent, the newly organized district shall 
receive its proportionate share of the funds to be apportioned. 

ARTICLE 44.— FUNDS FROM COUNTY MILL TAX 

Sec. 1224. HOW LEVIED.] The county auditor of each county shall 
at the time of making the annual assessment and levy of taxes levy a 
tax of one dollar on each elector in the county for the support of public 
schools, and a further tax of one-half mill on the dollar on taxable property 
in the county, to be collected at the same time and in the same manner 
as other taxes are collected, which shall be apportioned by the county 
superintendent of schools among the school districts of the county. 
Approved December 12, 1919. 

Sec. 1225. HOW APPORTIONED.] It shall be the duty of the county 
auditor on or before the third Monday in February, May, August and 
November in each year, to certify to the county superintendent of 
schools the amount of such county tuition fund, which the county 
superintendent of schools shall apportion among the several school dis- 
tricts in the same manner as provided for the apportionment of the state 
tuition fund. The county superintendent shall file with the county 
auditor and the county treasurer a certified statement showing the 
amount apportioned to each district. 

Sec. 1226. APPORTIONMENT OF DELINQUENT TAXES.] It shall 
also be the duty of the county auditor to certify at the time herein 
specified the amount of delinquent taxes collected for the special tuition 
fund prior to those levied for the year 1899, which amounts shall be 
apportioned by the county superintendent of schools as herein provided. 

Sec. 2068. MONEY FROM FERRY LEASES TO GO TO SCHOOL 
FUND.] All moneys received by the board of county commissioners 
upon leases granted for ferries as aforesaid, shall within thirty days 
after the receipt thereof, be paid to the county treasurer for the use 
of the public schools of the county, and the same shall be apportioned 
among the several districts of the county in like manner as other 
school funds are now by law apportioned; provided, that all moneys 
received by the mayor and city council of any incorporated city, or 
by the board of trustees of any incorporated town or village, in this 
state, for the leasing of any ferry whose landing shall be within the 
corporate limits of such city, town or village, shall immediately upon 
receipt of the same, be turned over to the treasurer of such city, town 
or village, to be by him deposited in the general fund and paid out 
in like manner as other moneys are paid out of said general fund for 
the use of said city, town or village. 



STATE OF NORTH DAKOTA 193 

ARTICLE 45.— FUNDS FROM SCHOOL DISTRICT TAX 

Sec. 1222. SCHOOL BOARD TO LEVY TAX.] Each district school 
board shall have power and it shall be its duty to levy upon all property 
subject to taxation in the district, a tax for school purposes of all kinds 
authorized by law, not exceeding in the aggregate a rate of thirty mills 
on the dollar in any one year; provided, that such board may in addition 
thereto whenever there are past due warrants outstanding in said district 
levy not to exceed twenty mills additional in any one year; provided, 
further, the provisions of this section shall apply only to payment of 
warrants issued for a legal purpose and outstanding on July 1st, 1919. 
Such tax shall be levied by resolution of the board prior to the twen- 
tieth day of July of each year, which resolution shall be entered in the 
records of the proceedings of the board. The clerk shall immediately 
thereafter notify the county auditor in writing of the amount of tax 
levied and such notice shall be substantially the following form: 

State of North Dakota] 

hss. 

County of J 

School District. 

To 

County Auditor of County. 

Sir: 

You are hereby notified that the school board of School 

District has levied a tax of Dollars upon 

all real and personal property in said School District for school pur- 
poses. You will duly enter and extend such tax upon the county tax 
list for collection upon the taxable property of such school district for 
the current year. 

Dated at 



District Clerk. 
Approved March 7, 1919. 

Sec. 1221. SCHOOL TAXES, HOW AND WHEN COLLECTED.] It 
shall be the duty of the county treasurer to collect the taxes for school 
purposes at the same time and in the same manner that the county and 
state taxes are collected, and full power is hereby given him to sell 
property for school taxes the same as is provided by law for the collec- 
tion of other taxes, whenever an error occurs in the tax list of any 
school district, the school board or board of education in special or 
independent districts or districts organized under special laws may cor- 
rect such errors and refund such taxes improperly collected. All penal- 
ties and interest collected on delinquent school taxes shall be applied 
to the proper fund to which such delinquent taxes belong. 

Sec. 1223. LEVY TO PAY JUDGMENT.] The notice of a tax levy 
to pay any judgment against the district shall be in addition to the 
regular tax and shall be certified to the county auditor under the same 



194 GENERAL SCHOOL LAWS 

general form, as near as may be; provided, that if the boundaries of 
such district shall embrace a portion of two counties then the clerk 
of such district shall certify to the county auditor of the county in 
which is located the original district to which such portions of the 
district embraced in the other county is attached, in addition to the 
tax levy above mentioned, a list and valuation of all property subject 
to taxation in such portion of such district embraced in the other county, 
as shown by the assessor making the assessment in such county, town- 
ship or assessor's district, and the auditor shall enter such property 
upon the tax duplicate of his county and levy all school taxes upon 
the same, and the county treasurer of the county shall collect the taxes 
levied thereon the same as other taxes are collected and pay the same 
over as provided by law. 

Sec 1227. MAXIMUM LEVY FOR FINAL JUDGMENT. TAXES TO 
BE UNIFORM.] When any final judgment shall be obtained against 
a school district the board thereof shall levy a tax upon the taxable 
property of such district not exceeding in amount twenty mills on the 
dollar in any one year, which shall be used in the payment thereof. 
The county auditor shall make out, charge and extend upon the tax 
list against each description of real property and against all personal 
property, and upon all taxable property of the district, all such taxes 
for school and judgment of which he has been notified, as have been levied 
by the district in which the property is situated and taxable, in the 
same manner in which the county and state tax list is prepared, and 
deliver it to the county treasurer at the same time. All taxes for school 
purposes shall be uniform upon the property within each school district. 

Sec. 1228. INDEBTEDNESS OF DISTRICT. HOW ADJUSTED WHEN 
NO LEGAL SCHOOL BOARD EXISTS.] If any school district in the 
state has for one or more years past, either through failure to elect a 
school board or through a failure of the county superintendent to 
appoint a school board, been without a legal school board or if hereafter 
any school district through such failure to elect or appoint such school 
board shall be without such legal school board and such district shall 
have an authorized indebtedness either in bonds, interest due on bonds 
or otherwise, it shall be the duty of the county superintendent, the 
county treasurer and county auditor, acting as a board of adjusters, 
to assess upon the taxable property of such school corporation a tax 
not to exceed twenty mills on the dollar in any one year upon the 
assessed valuation thereof for the payment of the same. Which tax 
so levied shall be extended upon the tax lists by the county auditor 
and be collected and shall be applied upon and used for the payment 
of such indebtedness and shall be paid to the creditors of such district 
upon the warrant of the county auditor, countersigned by the county 
superintendent, and all warrants, bonds, interest coupons, receipted bills 
or accounts shall be filed in the office of the county auditor, and in 
case such school corporation has a bonded indebtedness, it shall be 
the duty of such board of adjusters to levy a tax upon the property 



STATE OF NORTH DAKOTA 195 

of such district sufficient to create a sinking fund for the redemption 
of such bonds upon the maturity of the same, such sinking fund to be 
levied and provided for in compliance with the requirements of such 
bonds. 

ARTICLE 46.— CERTAIN ACTS LEGALIZED. 
(S. B. No. 198, 1919) 

Sec. 1. ACTS LEGALIZED.] Where the officers of any incorporated 
city, village or school district of this state shall have incurred indebted- 
ness and issued warrants or orders for the erection, purchase, repair 
or maintenance, within and for said city, village, or school district 
for school or other buildings, or water works, gas or electric light 
plants, public wells, cisterns, fire apparatus, or legitimate corporate 
purposes for said city, village or school district, or to pay for or to 
raise money for any such purpose, and said warrants or orders are 
outstanding, or held in the general revenue or other funds of said city, 
village or school district, in any or all such cases where said warrants 
or orders are within the debt limit, the same are hereby legalized and 
are declared to be the valid indebtedness of such city, village or school 
district, and in every case where the city council or city commissioners, 
village board of trustees, school board or board of education thereof 
shall have heretofore or shall hereafter determine by resolution or 
ordinance, that it was or is for the best interests of the city, village or 
school district to issue its negotiable bonds in the name of the city, 
village or school district for the sole purpose of funding such indebted- 
ness and shall have been or shall be authorized to issue such bonds, 
by a majority vote of the qualified electors of such city, village or school 
district, voting thereon at any regular or special election legally called 
and held after public notice^ thereof as required by law, and if such 
bond shall have been or shall be executed, sold and delivered for value, 
and the proceeds arising from such sale shall have been or shall be 
applied exclusively to the express purpose of funding such warrants or 
orders, then in every case such bonds whether engraved, lithographed 
or printed on bond paper shall, when executed, sold and delivered as 
provided by law, be deemed, and hereby are declared to be valid and 
subsisting indebtedness of the city, village or school district issuing 
the same. 

Sec. 2 PENDING ACTIONS NOT AFFECTED. DEBT LIMIT.] This 
Act shall not affect any actions now pending in which the validity of 
such warrants^j orders or indebtedness is called in question; providing, 
however, that the issue of such bonds shall not be construed to be an 
Increase of the indebtedness of the municipality and the proceeds from 
sales of such bonds shall be applied exclusively towards the discharge 
of the indebtedness of such city, village or school district referred to 
in Section 2 of this act. Approved February 26, 1919. 

STATE OF NORTH DAKOTA v. GEORGE L. BICKFORD. 

18. FINE. JUDGMENT FOR. OPERATE AGAINST ENTIRE STATE. 
UNCONSTITUTIONAL. FUNDS. COMMON SCHOOLS.] That part of 
Sec. 9930, Compiled Laws of 1913, which provides that the defendant upon 



196 GENERAL SCHOOL LAWS 

conviction shall "pay a fine equal to double the amount of money or 
other property so embezzled as aforesaid, which fine shall operate as 
a judgment at law on all the estate of the party so convicted and 
sentenced, and shall be enforced by execution or other process for the 
use of the state, county, precinct, district, town, city or school district 
whose moneys or securities have been so embezzled," is unconstitutional 
in that it violates Sec. 154 of the Constitution of North Dakota, which 
provides that "the interest and income of this (land grant) fund, together 
with the net proceeds of all fines for violation of state laws, and all 
other sums which may be added thereto by law, shall be faithfully 
used and applied each year for the benefit of the common schoolsi of 
the state" 28 N. D. 36. (Opinion filed December 2, 1913.) Opinion on 
rehearing filed May 22, 1914. 



ARTICLE 47.— MANAGEMENT OF SCHOOL FUNDS 

Sec. 1216. APPORTIONMENT OF FUNDS WITHHELD, WHEN.] The 
county superintendent shall have the right to withhold the apportion- 
ment of the county tuition fund (two mill tax and school poll tax) 
from any school district other than the new districts herein provided 
for, which has not maintained school therein for a period of not less 
than six school months in each school of said district during the school 
year preceding such apportionment or has not otherwise provided school 
facilities for the pupils of that district; provided, further, that it shall 
be mandatory upon the county superintendent to withhold the appor- 
tionment of the county tuition funds from any district which has not 
maintained school for a period of at least five months in each school 
in said district or has not otherwise provided school facilities for the 
pupils of that district for the school year preceding such apportionment; 
and when such apportionment of county tuition fund shall be withheld 
by the county superintendent from any district, it shall revert to the 
funds from which it was originally apportioned. 

Sec. 1217. APPORTIONMENT BY COUNTY SUPERINTENDENT.] 
Within thirty days and not less than twenty days after receiving the 
certificate of apportionment from the superintendent of public instruc- 
tion and the certificate from the county auditor as provided for in 
section 1225 of this chapter, the county superintendent shall apportion 
separately to the several school districts, which are entitled to any 
portion of the state tuition and special funds within the county, in 
proportion to the number of children residing in each district over six 
and under twenty-one years of age as appears from the last enumera- 
tion authorized by law, upon which the superintendent of public instruc- 
tion made the apportionment to the several counties, and he shall 
immediately notify each district treasurer of the amount of tuition fund 
in the county treasury due the district, and shall certify to the county 
treasurer and to the county auditor the amount due each school district. 
The county treasurer shall deliver to the several school treasurers, upon 



STATE OF NORTH DAKOTA 197 

the order of the county auditor, the amounts apportioned to their re- 
spective districts, taking a receipt therefor. 

Sec. 1218. TREASURER'S ACCOUNTS. ANNUAL SETTLEMENT.] 
The district treasurer shall open new accounts with each fund at the 
beginning of each school year, and the balance of each fund shall be 
brought down and become a part of the first entry in opening the 
account for the new year. On the second Tuesday in July, the school 
board shall make settlement with the district treasurer and shall care- 
fully examine his books, accounts and vouchers, and shall ascertain 
if the amount of all warrants, bonds and coupons paid and redeemed 
or paid in part, together with the cash in his hands or under his 
control, is equal to the amount of cash on hand at the beginning of the 
school year, together with all money received by him from all sources 
for school purposes during the year. The district treasurer shall deliver 
to the board at such annual meeting, all warrants, bonds and coupons 
paid and redeemed by him during the school year and held by him as 
vouchers, taking the receipt of the board therefor, and such vouchers 
shall forthwith be filed with the district clerk. He shall at that meeting 
make his annual report in quadruplicate, one copy to be preserved inn the 
treasurer's office, one to be filed with the clerk of the school board, one to 
the Bank of North Dakota, one to be transmitted to the county superin- 
tendent of schools and the board shall cause to be published an itemized 
statement of the receipts and expenditures of the preceding year in a 
newspaper of the county nearest said school district; provided, that if said 
board or treasurer shall have failed to publish said statement by the first 
of September following the presentation of the treasurer's annual report, 
then it shall be the duty of the county superintendent of schools to 
cause the publication of the same in a newspaper of the county, said 
publication to be paid for by the school district. The treasurer's reports 
shall show the following: 

RECEIPTS 

The balance at the close of the year. 

The amount received into the state tuition fund. 

The amount received into the special fund. 

The amount received into the county tuition fund. 

The amount received into the sinking fund. 

EXPENDITURES 
The amount paid for school houses, sites and furniture. 

The amount paid for apparatus and fixtures. 

The amount paid for teachers' wages. 

The amount paid for services and expenses of school officers. 

The amount paid for redemption of bonds. 

The amount paid for interest on bonds. 

The amount paid for incidental expenses. 

The cash on hand at the close of the school year. 
Such report shall include such other items as may be required by the 
district board, or the superintendent of public instruction, and shall 



19S GENERAL SCHOOL LAWS 



be uvHMi and in oonformity with the blanks furnished him for that pur- 
pose. 

Sec. 1219. WHEN COUNTY TREASURER TO PAY FUNDS TO DIS- 
TRICT TREASURER.] The treasurer of each district shall apply to the 
county auditor for an order, and the county treasurer shall pay over 
to him on such order all of the school money collected for such district 
and all school money apportioned to such district by the county superin- 
tendent of schools, and the county auditor shall issue such order; 
provided, such district treasurer has qualified and filed his oath and 
bond as provided by law. It shall be the duty of the county treasurer, 
w^hen payment is made to any school treasurer of any funds herein 
provided for. immediately to notify the clerk of the school board of the 
payment of the same. 

Sec. 1220. COUNTY TRF^\SURER TO KEEP ACCOUNTS WITH THE 
SCHOOL CORPORATION.] Each county treasurer shall keep a regular 
account with each school corporation, in which he shall charge himself 
with all taxes collected by levy of <he district school board and all sums 
apportioned to the district by the county superintendent or other authority 
and all sums received from the district, and he shall credit himself 
with all piiyments made to the treasurer of the district, distinguishing 
between the items paid by apportionment, those trom county taxes and 
those from other sources. He shall also credit himself with all pay- 
ments for redemption or endorsement of warrants in the collection of 
taxes and shall deliver to the district treasurer a duplicate tax receipt 
for the axuount of each warrant so indorsed or redeemed, together with 
all warrants so redeemed at the time of making other regular payments 
to the district treasurer. To these credits .to balance the accounts, 
he shall add all items for legal faes. for collection and other duties. 
He shall annually on the first day of July file with the county superin- 
tendent of schools an itemised statement of all funds remitted by him 
during the preceding school year to each of the respective school district 
treasurers. On the same day he shall also send statement to each of 
such treasurers itemising the payments made by him during such time 
to such respective treasurers. Also, he shall, on the same day. send 
to each district clerk a copy of the statement which he sends to the 
treasurer of that district. 

SCHOOL DISTRICT FUNDS MUST BE DEPOSITED IN THE BANK OF 

NORTH DAKOTA 

House Bill IS. 

Section 7. All state, county, township, municipal and school district 
funds, and funds of all penal, educational and industrial institntions And 
all other public funds shall be. by the person having control of such 
funds, deposited in the Bank of North Dakota within three months from 
the passtvge and approval of this Act. subject to disbursement for public 
purposes on checks drawn by the proper officials in the manner now or 
hereafter to be provided by law; provided, however, that on a proper 



STATE OF NORTH DAKOTA 199 

showing made by any official having control of public funds, the Indus- 
trial Commission may permit a postponement of the deposit of such funds 
or any part thereof in the Bank of North Dakota, the period of such post- 
ponement not to exceed six months. And provided, further, that if any 
such funds are now loaned by authority of law under a contract term- 
inating at a future time, then the deposit of such funds in the Bank of 
North Dakota shall not be required until two months after time of ex- 
piration of such contract. Any person who shall violate any of the 
provisions of this section shall be guilty of a misdemeanor and upon 
conviction thereof shall be punished by imprisonment in a county jail 
for not less than ninety days, and by a fine of not less than one hundred 
dollars. 

Section 8. Whenever any of the public funds hereinbefore designated 
shall be deposited in the Bank of North Dakota, as hereinbefore provided, 
the official having control thereof, and the sureties on the bond of every 
such official, shall be exempt from all liability by reason of loss of any 
such deposited funds while so deposited. ****** 

Section 12. The Industrial Commission, unless otherwise limited by 
law, shall from time to time fix the rates of interest allowed and received 
in transactions of the Bank. Such rates shall be as nearly uniform and 
constant as practicable, and shall not be fixed or changed to work any 
discrimination against or in favor of any person or corporation. But in 
respect to time deposits received by the Bank, transactions may be rea- 
sonably classified as to the amounts and the duration of time involved, 
and a reasonable differentiation of interest rates based on such classifica- 
tion may be allowed. When interest is allowed on any deposits it shall 
not be less than one or more than six per cent. The Industrial Coommis- 
sion shall also fix reasonable charges, without unjust discrimination, for 
any and all services rendered by the Bank. ******* 

Approved February 25th, 1919. 

ARTICLE 48.— EQUALIZATION OF INDEBTEDNESS. 

Sec. 1327. EQUALIZATION OF INDEBTEDNESS BY ARBITRATION.] 
After the boundaries of a school district have been established as pro- 
vided for in this chapter, all school districts or parts of school districts 
that existed as school corporations, or as parts thereof, before the taking 
effect of this code, and that are now included in one school district, 
shall effect an equalization of property, funds on band and debts; or 
whenever the boundaries of two or more districts are re-arranged, all 
districts affected by such change shall effect an equalization of property, 
funds on hand and debts. To effect this, such school board of such 
corporation constituting a school district under the operation of this 
chapter, shall select one arbitrator, and the several arbitrators so se- 
lected, together with the county superintendent, shall constitute a board 
of arbitration to affect such equalization. If in any case the number 
of arbitrators, including the county superintendent, shall be an even 
number, the county treasurer shall be included and be a member of 



200 GENERAL SCHOOL LAWS 

such board. The county superintendent shall fix a time and place of 
such meeting. 

Sec. 132S. TAX TO EQUALIZE AND PAY PREVIOUS DEBTS.] Such 
board shall take an account of the assets, funds on hand, the debts 
properly and justly belonging to or chargeable to each corporation, 
or part of a corporation affected by such change, and levy such a tax 
against each as will in its judgment justly and fairly equalize their 
several interests. 

Sec. 1329. MAXIMUM ANNUAL TAX LEVY FOR SUCH PURPOSES.] 
When the amounts to be levied upon the several corporations, or parts 
of corporations mentioned in the preceding section, shall be fixed, a 
list thereof shall be made wherein the amount shall be set down opposite 
each corporation. The whole shall be stated substantially in the form 
herein required for certifying school taxes, and addressed to the county 
auditor, and shall be signed by a majority of such board of arbitration; 
such levy shall be deemed legal and valid upon the taxable property of 
each corporation; provided, however, that not more than fifteen mills 
thereof shall be extended against such taxable property in any one year, 
and such le^T not exceeding fifteen mills on the dollar shall be extended 
as in this section provided from year to year, until the whole amount 
shall be so levied. The county auditor shall preserve such levies and 
shall extend the several rates from year to year, as above required by 
law for district taxes and the taxes shall be collected at the same time 
and in the same manner as other taxes are collected. 

Sec. 1330. PROCEEDS TO BE TURNED OVER TO THE RESPECTIVE 
DISTRICTS.] Opposite the several descriptions of property on the tax 
list shall be entered the school districts within which it lies, and all 
the proceeds of these equalizing taxes shall be collected and shall be 
paid over to the proper school district within which the property is 
situated. The proceeds of taxes upon parts of districts lying outside 
of the district as at present constituted. with which they were equalized 
shall be paid to the treasurer of the school district within which the 
property is situated; the same as hereinbefore provided for regular 
taxes. 

Sec. 1331. MAXIMUM TAX LEVY FOR ALL SCHOOL PURPOSES.] 
The taxes levied for purposes of equalization shall be in addition to all 
other taxes for school purposes; provided, that all taxes for school 
purposes, including such taxes for equalization, shall not exceed thirty 
mills on the dollar in any one year. The provisions of this article shall 
apply to and govern all school districts and parts of school districts 
hereafter divided or consolidated with each other or with other districts 



CHAPTER 11.— SUPPORT OF SYSTEM BY BONDS. 

ARTICLE 49.— BONDS OF COMMON SCHOOL DISTRICTS. 

Sec. 1332. HOW ISSUED.] Whenever a duly constituted school dis- 
trict, under the provisions of this chapter, excepting special or inde- 
pendent school districts, in any organized county In the state at any 



STATE OF NORTH DAKOTA 201 

regular or special meeting held for that purpose, shall determine by a 
majority vote of all the qualified voters of such school district present 
at such meeting and voting, to issue school district bonds for the purpose 
of building and furnishing a school house and purchasing grounds on 
which to locate the same, or to fund any outstanding indebtedness or 
for the purpose of taking up any outstanding bonds, the district school 
board may lawfully issue such bonds in accordance with the provisions 
of this article. 

'Sec. 1333. NOTICE OF ELECTION TO VOTE BONDS.] Before the 
question of issuing bonds shall be submitted to a vote of the school 
district, notices shall be posted in at least three public and conspicuous 
places in such district, stating the time and place of such meeting, the 
amount of bonds proposed to be issued, rate of interest, purpose issued 
for, and the time in which they shall be made payable. Such notices 
shall be posted at least fourteen days before the meeting, and the voting 
shall be done by means of written or printed ballots, and all ballots 
shall be prepared before the opening of the polls and shall be in sub- 
stantially the following form: 

For issuing bonds in the sum of $ at per cent., 

to run years, 



YES 



NO 



and if a majority of the votes cast shall be in favor of issuing bonds 
the school board, through its proper officers, shall forthwith issue bonds 
in accordance with such vote; but if a majority of all votes cast are 
against issuing bonds then no further action can be had and the ques- 
tion shall not again be submitted to a vote for one year thereafter, 
except for a different amount; provided, that the question of issuing 
bonds shall not be submitted to a vote of the district, and no meeting 
shall be called for that purpose until the district school board shall 
have been petitioned in writing by at least one-third of the voters of 
the district. 

Sec. 1334. DENOMINATION OF. INTEREST. LIMIT OP ISSUE.] 
The denominations of the bonds which may be issued under the pro- 
visions of this article shall be fifty dollars or some multiple of fifty, 
and shall bear interest at a rate not exceeding five per cent per annum, 
payable semi-annually on the first day of January and July in each 
year, in accordance with interest coupons which shall be attached to 
such bonds; provided, that the amount of bonds including all other 
indebtedness shall not exceed five per cent of the assessed valuation 
of the school district and may be made payable in not less than ten or 
more than twenty years from their date. 

Sec. 1335. RECORD OF TO BE KEPT.] Whenever any bonds are 
issued under the provisions of this chapter they shall be lithographed 
or printed on bond paper and shall state upon their face the date of 
their issue, the amount of the bonds, to whom and for what purpose 



202 GENERAL SCHOOL LAWS 



issued, also the time ami place of payment, and the rate of interest to 
be paid. They shall have printed upon the margin the words "Author- 
ized by Article 14 of Chapter of the Session Laws of North 

Dakota of 1911." Immediately after the issuing of school bonds pur- 
suant to this chapter the clerk of the school district so issuing its 
bonds shall file. Avith the county auditor of the county in which such 
district is situated, certified copies of all the proceedings had in such 
district relative to the issuing of such bonds and also a statement of 
the amount of the indebtedness of such school district: and before any 
of the bonds are disposed of they shall be presented to the county auditor 
of the county in which the school district issuing the same is situated. 
He shall carefully examine the records of the proceedings of such school 
district upon the question of issuing such bonds as the same are filed 
with him as hereinbefore directed, and shall satisfy himself by the 
evidence thus furnished, whether or not all the laws of the state relative 
to the issuing of such bonds have been complied with. If satisfied 
that they have been and that the bonds in question have been legally 
issued he shall in a book kept for such purpose, preserve a register of 
each bond showing in separate columns the name of the school district 
issuing the bonds, the number of such bonds, the denomination thereof, 
the date of their issue, the date when they will mature, the names of 
the school officers executing the same and such other facts as may 
be pertinent and he shall then indorse on each of such bonds the 
following certificate: 

State of North Dakota. '\ 

*-ss. 
Coxmty of - J 

I. County Auditor, do hereby 

certitV that the within bond is issued pursuant to law and is within 
the debt limit prescribed by the constitution of the state of North 

Dakota, and in accordance with the vote of school 

district at a (regular or special) 

meeting held on the day of A. D. 

19 to issue bonds to the amount of 

dollars, and is a legal and valid debt of such school district; that such 
bonds are fully registered in this office and that such school district 
is legally organized and the signatures affixed to such bonds are the 
genuine signatures of the proper officers of such school district. 

The blanks shall be filled according to the facts, and the certificate 
officially signed by the county auditor and attested by his official seal. 
Such bonds shall be signed by the president and clerk of the school board 
and shall be registered in a book to be kept by the clerk for that 
purpose, in which shall be entered the number, date and name of the 
person to whom issued and the date when the same will become due. 

Sec. 1336. SINKING FUND AND INTEREST TAX.] In addition to 
the amount that may already be assessed under existing laws there 
shall be levied annually, upon the taxable property of the school district 



STATE OF NORTH DAKOTA 203 

so issuing bonds at or before their issuance and collected as other taxes 
are collected, a sum sufficient to pay interest upon such bonded indebt- 
edness, and in like manner a further annual tax to create a sinking fund 
that will at the maturity of such bonds be sufficient to pay the principal 
thereof, and said sinking fund shall be used for no other purpose, 
except that whenever there are sufficient funds on hand, belonging to 
such sinking fund, the school board may, in its discretion, purchase 
any of the outstanding bonds at their market value and pay for the 
same out of such sinking fund. ****** 

Sec. 1337. HOW NEGOTIATED.] When any bonds shall be issued 
under the provisions of this article, the county treasurer shall have 
authority to negotiate and sell such bonds for not less than par, and 
the said district treasurer shall apply the proceeds arising from the 
sale of such bonds only for the purpose of building and furnishing a 
school house and purchasing grounds on which the said school house 
shall be located, or to fund any outstanding indebtedness, according to 
the express purpose for which such bonds were authorized by the 
voters, as provided in section 1332 of this cliapter. 

Sec. 1338. COUNTY AUDITOR MAY LEVY TAX TO PAY.] When 
any school board neglects or refuses to levy a tax in accordance with 
law to meet outstanding bonds or the interest thereon, the county audi- 
tor shall have power to levy such tax and when collected to apply the 
proceeds to the payment of such coupons and bonds. 

Sec. 1339. RECORD OP CANCELLED.] When the bonds of any school 
district shall have been paid by the school board they shall be cancelled 
by writing or printing in red ink the words "cancelled and paid" across 
each bond and coupon and the date of payment and amount paid shall 
be entered in the clerk's register against the proper number of the 
bonds and bonds so cancelled shall be filed in the office of the district 
clerk until all -the outstanding bonds are paid, when they shall be de- 
stroyed in the presence of the full board. 

Sec. 1340. PROPOSALS FOR BUILDING SCHOOL HOUSES.] When 
any school house is built with funds provided for in the manner herein 
authorized, the school board shall advertise at least thirty days in some 
newspaper printed in the county or by posting notices for the same 
length of time in at least three of the most public and conspicuous 
places if no newspaper is published in the county for sealed proposals 
for building sych school house in accordance with plans and specifica- 
tions furnished by the school board, reserving the right to reject any 
and all bids, and if any of the proposals shall be reasonable and satis- 
factory such board shall award the contract to the lowest responsible 
bidder and shall require of such contractor a bond in double the amount 
of the contract, conditioned that he will properly account for all money 
and property of the school district that may come into his hands and 
that he will perform the conditions of his contract in a faithful manner 
and in accordance with its provisions; and in case all the proposals 
are rejected, such board shall advertise anew in the same manner as 
before until a reasonable bid shall be submitted. 



204 GENERAL SCHOOL LAWS 

Sec. 1341. PROVISIONS OF THIS ARTICLE. HOW APPLICABLE.] 
The provisions of tins article shall be applicable to and authorize the 
issuance of bonds by such school districts as have already built, or are 
building, school houses and have issued orders or warrants therefor, and 
any such school district may vote to bond the indebtedness incurred by 
reason of building and furnishing a school house and purchasing a site 
for the same and bonds may be issued in the same manner as hereinbe- 
fore provided for building and furnishing school houses; provided, 
further, that the indebtedness incurred and warrants issued, or orders 
for the building of such school houses are, when the same are within 
the debt limit, hereby legalized and declared to be a valid indebtedness 
of such school district. 

Approved December 11, 1919. 

VILLAGE AND SCHOOL DISTRICTS MAY REDEEM BONDS. 
(Chap. 210, p. 392, 1915.) 

Sec. 1. That the board of university and school lands and the state 
treasurer are hereby authorized and directed to allow any county, city, 
town, village or school district to redeem at any time after two years 
at par with accrued interest, any bond or bonds which have been sold 
to the state at par when they have sufficient funds accumulated in their 
sinking funds so to do, on giving sixty days' notice to the state treasurer, 
and thereafter, on like conditions, until all such outstanding bonds have 
been paid. 

Sec. 2218. DEBTS OF MUNICIPALITIES VOID IF ENTAILING TAX- 
ATION BEYOND THE RATE FIXED BY LAW.] It shall be unlawful 
for any city, town or village officer or for the officers of any school 
district, unless specially and expressly authorized by law, to contract 
any debt or incur any pecuniary liability, for the payment of either 
the principal or interest, for which during the current year, or any 
subsequent year, it shall be necessary to levy on the taxable property 
of such county, township, city, town or village or school district, a 
higher rate of tax than the maximum rate prescribed by law, and every 
contract made in contravention of the provisions of this section shall 
be utterly null and void in regard to any obligation thereby imposed on 
■ the corporation on behalf of -which such contract purports to be made; 
but every commissioner, officer, agent, supervisor or member of any 
municipal corporation that makes or participates in making or author- 
izes the making of such contract, shall be held individually liable for 
its performance; and every commissioner, supervisor, director or mem- 
ber of any city, town or village council, or other officer or agent of any 
such municipal corporation present when any such unlawful contract 
was made or authorized to be made, shall be deemed to have made or 
to have participated in making, or to have authorized the making of 
the same, as the case may be. unless, if present, he dissent therefrom 
and entered or caused to be entered such dissent on the records of 
such municipal corporation, or of its council, supervisors or other officer. 

Sec. 3491. CERTIFICATE OF DEBT LIMIT NECESSARY.] No bond 



STATE OF NORTH DAKOTA 205 

or evidence of debt of any county, or bond of any township or other 
political subdivision of this state, shall be valid unless the same has 
indorsed thereon a certificate stating that such bond or evidence of debt 
is issued pursuant to law and is within the debt limit, which certificate 
in case of a county shall be signed by the county auditor, and in case 
of a township or other political subdivision shall be signed by the 
treasurer ofsuch township or other political subdivision. 

ARTICLE 50.— REFUNDING BONDED INDEBTEDNESS OF ANY 
SCHOOL DISTRICT. 

Sec. 4026. BONDS MAY BE REFUNDED.] All bonds heretofore issued 
by any city or by or under the authority of the board of education of 
any city in this state for school or school house purposes may be 
refunded in the discretion of said board in the manner hereinafter 
provided, whenever there is not sufficient money in the treasury of 
such city applicable thereto, to pay such bonds. 

Sec. 4027. DENOMINATION OF BONDS.] Said bonds shall be in 
denominations of not less than one hundred nor more than one thousand 
dollars, shall be numbered consecutively from one upward, shall bear 
the date of their issue, shall be made payable to the purchaser or 
bearer, shall be payable ten years from date, and shall bear interest 
at a rate not exceeding seven per cent per annum payable annually, 
with interest coupons attached, and principal and interest shall be made 
payable at such place as may be designated by the board of education. 
The bonds and each coupon shall be signed by the mayor and attested 
by the city clerk or auditor under the seal of the city. Said bonda 
shall be printed, engraved or lithographed on bond paper, and a duly 
authenticated copy of this article shall be printed on the back of each 
bond. 

Sec. 4028. BOARD OF EDUCATION TO LEVY TAX.] The board 
of education shall levy each year upon the taxable property of such 
city a tax sufficient to pay the interest on said bonds as the same 
accrues, and after five years from the date of said bonds an annual 
sinking fund tax sufficient for the payment of said bonds at maturity, 
which taxes shall become due and be collected the same as other city 
taxes. 

Sec. 4029. BONDS, HOW EXECUTED.] The refunding of indebted- 
ness and the issuance of bonds provided in this article shall be under 
the control and direction of the board of education, and a resolution 
of said board directing the execution of such bonds and specifying the 
number and amount of each bond shall authorize and require the mayor 
and city clerk or auditor to execute the same in the manner herein 
provided, and deliver the bonds so executed to the board of education, 
who shall provide for the sale and negotiation thereof or for the ex- 
change of said bonds for outstanding bonds authorized to be refunded 
under this article, as they may deem best; provided, that such refund- 
ing bonds shall not be sold or exchanged at less than par value. Both 
principal and interest of said bonds shall be paid by the city treasurer 
by warrants drawn upon the funds created therefor and issued under 



806 GENERAL SCHOOL LAWS 

tt\o dlroi'tlon of tlio board of education. A duly certltlod copy of Uie 
rosolutlou of tho board of education authorising and directing the exe- 
cution of such bonds by the mayor and city clerk or auditor shall be 
printed on the back of each bond. A register of all bonds so executed 
shall bo mndo by the city clerk or auditor and kept in his oftlce as a 
public record, showing the number, date, amount, interest, name of 
payee and when and where payable, of each and all bonds executed 
under tho provisions of this article. And after such outstanding bonds 
shall have been so ret^uuled the same shall be placed in the hands of 
the city clerk or auditor after having had tlrst marked across the face 
thereof In red ink the words "refunded bond"; and the city clerk or 
auditor shall thereupon make a record of each bond in the same manner 
provided herein for bonds issued under this article and at the next 
regular meeting of the city council shall cancel and burn said bonds 
In the presence of the city council and make a record of such action in 
the proceedings of the council. 

Sec. 40S0. \YHAT COUrOKATlON MAY ISSUE.] Each incorporated 
town or village, school distiict or township in this state, that has 
heretofore issued, or shall hereafter issue bonds, purporting to have 
been issued for any purpose authorised by law, which bonds have been 
actually sold and delivered to purchasers for value, so that the same 
constitute a vivlid and existing indebtedness may at any time after 
maturity or before maturity, with the consent of the holder, and while 
said bonds are a valid aj\d existing Indebtedness against such town, or 
vilhvge, school district or township, refund the same and issue and 
negotiate new bonds for the amount of such indebtedness or any part 
there^^f. Note—Read Sections 40S1-4037. 

ARTICLE BL— BONDS FOR AGRICULTURAL TRAINING SCHOOLS. 
tChap, 126. p. 164. 1915.) 

Sec. 1. COUNTY AUTHORIZED TO ISSUE.] Any organized county 
in this state which shall heretofoi^e have established, or which may 
hereafter establish a County Agricultural and Trainiii^ School, is hereby 
glvei\ the power and authority, by and through its Board of County 
Commlssionex^s when in the judgment of said board it is deeme^l to 
be for the best Interests of the county, to issue its negotiable bonds 
in the name of such county for the purpose of paying the current 
expenses of ix\aintaining such schools in aiiticipation of funds levied 
for the maintextance by the state and county and to pay outstanding 
warrants of such instltvitions ; provided, however, that uo county shall, 
in any event, issue its bonds In any amount, which, with Its prior 
bonded indebtedness, will exceed the maximum indebtedness allowed 
by law. 

See. 3. AMOUNT OF ISSUES. 1 Whenever the Board of County Com- 
missioners of any such county shall be presenteil with a petition signed 
by all the members of the boani of trustees of any Couxity Agricultural 
and Traii\ix\g School, ve^iuesting such Board of County Commissioners 
to issue and negotiate K>nds in the name of such county, for tiie pur- 
poses mentioned in Section 1 of tlxis Act, tixe Board of County Com- 



STATE OF NORTH DAKOTA 207 

mlsaioners of such county may, if In the judgment of such hoard It 
is deemed to he to the hest interests of the county, issue negotiahle 
bonds for such purposes in a sum of not to exceed ten thousand dol- 
lars ($10,000.00); provided, that no bonds shall be issued, unless a 
building or buildings shall have been erected for such school and unless 
such school is in actual operation. 

Sec. 3. METHOD OP ISSUE. RATE OF INTEREST.] Such bonds 
shall be in denominations of one hundred dollars ($100.00), each, shall 
bear the date of their issue, and shall be made payaI)Io to bearer in not 
less than five, nor more than twenty years from their date and shall 
bear Interest at a rate not to exceed six per cent per annum, payable 
semi-annually, with coupons attached for each interest installment. Such 
bond and coupons shall be signed by the chairman of the Board of 
County Commissioners, and shall be attested by tlie County Auditor. 
The seal of the county shall bo affixed to each bond, but not to the 
coupons. Such bonds shall be printed, lithographed or engraved on 
bond paper, and shall state on its face that it is issued in accordance 
with the provisions of this Act. Such bonds may be made payable 
anywhere in the United States. 

Sec. 4. TAX LEVY.] At or before the time of incurring such 
indebtedness or issuing such bonds, the Board of County Commissioners 
shall provide for the collection and levy of an annual tax on all the 
taxable property of the county, sufficient to pay the interest and 
principal thereof, when due, and the resolution of such board, providing 
for such tax and for the payment of the interest and principal of such 
debt shall be Irrepealable until such debt is paid. 

Sec. 5. REGISTRATION OF.] Such bonds, before being negotiated, 
must be registered in the office of the County Auditor of such county, 
who shall endorse on each of such bonds a certificate, signed by the 
County Auditor, stating that such bond or evidence of debt is issued 
pursuant to law, and is within the constitutional debt limit. 

Sec. 6. SALE OF.] Such bonds need not be advertised for sale but 
may be negotiated by such board at private sale, but must not be sold for 
less than par. 

Sec. 7. WHO MAY PURCHASE.] Such bonds may be purchased by 
the Board of University and School Lands, and may also be purchased 
by private parties. 

Sec. 8. COUNTY TREASURER TO PAY. WHEN.] When such bonds, 
and the coupons thereto attached, mature, it shall be the duty of the 
County Treasurer to pay the sum on presentation out of any funds In 
his hands, applicable thereto, and he shall cancel them by writing or 
stamping across the face of each bond or coupon the words "paid this 
day of " inserting the date of pay- 
ment. 

Sec. 9. BONDS RETIRED BEFORE MATURITY.] After such bonds 
shall have been in force for three years, the Board of County Commis- 
sioners may, if deemed prudent to do so, by resolution, order said 
bonds to be retired, in whole or in part, and paid before maturity on 



208 GENERAL SCHOOL LAWS 

any date when the semi-annual interest shall be due. The County 
Auditor must publish such resolution for three weeks in one of the 
official papers of the county, and it shall be the duty of the holders 
of such bonds to present the same and accept payment accordingly. 
If not so presented within ninety days from the publication of such 
notice, interest on such bonds shall cease in accordance with such reso- 
lutions. 

Sec. 10. FUNDS. HOW HANDLED.] The money derived from the 
sale of such bonds must be paid to the County Treasurer and by him 
placed to the credit of such County Agricultural and Training School. 
At the regular August meeting of the board of trustees each year the 
County Treasurer shall meet wuth the board and have an annual settle- 
ment of funds. It shall be the duty of the treasurer to see that a 
sum equal to at least SO per cent of such bond issue shall be kept 
on hand by the board at the time of such settlement to meet the pay- 
ment of warrants during the ensuing year. 



CHAPTER 12.— EXEMPTION OF SCHOOL PROPERTY 
FROM TAXATION. 

ARTICLE 52.— EXEMPTION OF PROPERTY FROM TAXATION. 
(S. B. No. 44, 1919) 

Sec. 207S. All property described in this section to the extent herein 
limited shall be exempt from taxation, that is to say: 

1. All public school houses, academies, colleges, institutions of learn- 
ing, with the books and furniture therein, and the grants attached to 
such buildings necessiiry for their proper occupancy, use and enjoyment, 
and not loused or otherwise used with a view to profits; also all houses 
used exclusively for public worship and lots and parts of lots upon 
which such houses are erected. 

1): « :j< 4: « « 

3. All property, whether real or personal, belonging to the State. 

« « * * * « 

6. All buildings, and contents thereof, belonging to institutions of 
public charity, including public hospitals under the control of religious 
or charitable societies, used wholly or in part for public charity, to- 
gether with the land actiially occupied by such institution, not leased 
or otherwise used with a view to profit ; and all money and credits 
appropriated solely to sustaining, and belonging exclusively to such in- 
stitutions: also all dormitories and boarding halls ,including the land 
upon which they are situated, owned and managed by any religious, 
corporation for education or charitable purposes, for use of students 
in attendance upon any of the State educational institutions; provided, 
that such dormitories and boarding halls be not managed or used for 
the purpose of making a profit over and above the cost of maintenance 
and operation. 

7. All properties belonging to counties, towns and townships and to 
municipal corporations and used for public purposes. 

Approved Feb. 27, 1919. 



STATE OF NORTH DAKOTA 209 



Division 4. — Environment and Equipment. 



CHAPTER 13.— SCHOOL BUILDINGS. 

ARTICLE 53.— CONSTRUCTION OF BUILDINGS FOR ELEMENTARY 
AND SECONDARY SCHOOLS. 

Sec. 14S9. PLANS AND SPECIFICATIONS.] No building which is 
designed to be used, in whole or in part, as a public school building, 
shall be erected until a copy of the plans thereof has been submitted 
to the state superintendent of public instruction, who for the purposes 
of carrying out the provisions of this act is hereby designated as 
inspector of said public school building plans and specifications, by the 
person causing its erection or by the architect thereof; such plans shall 
include the method of ventilation provided for, and a copy of the specifi- 
cations therefor. 

Sec. 1490. CONSTRUCTION.] Such plans and specifications shall 
show in detail the ventilation, heating and lighting of such building. 
The state superintendent of public instruction shall not approve any 
plans for the erection of any school building or addition thereto unless 
the same shall provide at least twelve square feet of floor space and 
two hundred cubic feet of air space for each pupil to be accommodated 
in each study or recitation room therein. 

(1) Light shall be admitted from the left or from the left and rear 
of class rooms and the total light area must, unless strengthened by 
the use of reflecting lenses be equal to at least 20 per cent of the floor 
space. 

(2) All ceilings shall be at least twelve feet in height. 

(3) No such plans shall be approved by him unless provision is made 
therein for assuring at least 30 cubic feet of pure air every minute 
per pupil and warmed to maintain an average temperature of 70 degrees 
F. during the coldest winter weather, and the facilities for exhausting 
the foul or vitiated air therein shall be positive and independent of 
atmospheric changes. No tax voted by a district meeting or other com- 
petent authority in any such city, village or school district, exceeding 
the sum of two thousand dollars ($2,000.00) shall be levied by the 
trustees until the state superintendent of public instruction shall certify 
that the plans and specifications for the same comply with the pro- 
visions of this act. All school houses for which plans and detailed 
specifications shall be filed and approved, as required by this act, shall 
have all halls, doors, stairways, seats, passageways and aisles and all 
lighting and heating appliances and apparatus arranged to facilitate 
egress in case of fire or accident and to afford the requisite and proper 
accommodations for public protection in such cases. All exit doors shall 



210 GENERAL SCHOOL LAWS 



open outwardly, and shall if double doors be used, fasten with movable 
bolts operated simultaneously by one handle from the inner face of 
the door. No staircase shall be constructed with wider steps in lieu 
of a platform, but shall be constructed with straight runs, changes in 
direction being made by platform. No doors shall open immediately 
upon a flight of stairs, but a landing at least the width of the door shall 
be provided between such stairs and such doorway. 

(4) Every public school building shall be kept clean and free from 
affluvia arising from any drain, privy or nuisance, and shall be pro- 
vided with sufficient number of proper water closets, earth closets or 
privies, and shall be ventilated in such a manner that the air shall not 
become so impure as to be injurious to health. 

Sec. 1491. TOILET ROOMS.] No toilet rooms shall be constructed in 
any public school building unless same has outside ventilation and win- 
dows permitting free access of air and light. The provisions of this 
act shall be enforced by the state superintendent of public instruction 
or some person designated by him for that purpose. 

Sec. 1492. ADJUSTMENT OF GRIEVANCES.] If it appears to the 
state superintendent of public instruction or his deputy appointed for 
that particular purpose, that further or different sanitary or ventilat- 
ing provisions, which can be provided without unreasonable expense, 
are required in any public school building, he may issue a written order 
to the proper person or authority, directing such sanitary or ventilating 
provisions to be provided. A school committee, public officer or person 
who has charge of any such public school building, who neglects for 
four weeks to comply with the order of said state superintendent of 
public instruction or his deputy, shall be punished by a fine of not less 
than one hundred dollars nor more than one thousand dollars. 

(1) Whoever is aggrieved by the order of the state superintendent 
of public instruction or his deputy issued as above provided, and relating 
to a public school building, may within thirty days after the service 
thereof, apply in writing to the board of health of the city, town, 
incorporated village or school district to set aside or amend the order; 
and thereupon the board, after notice to all parties interested, shall 
give a hearing upon such order, and may alter, annul or affirm it. 

Sec. 1493. VENTILATING FLUES.] No wooden flue or air duct for 
heating or ventilating purposes shall be placed in any building which 
is subject to the provisions of this act, and no pipe for conveying hot 
air or steam in such building shall be placed or remain within one 
inch of any wood-work, unless protected by suitable guards or casings 
of incombustible material. 

Sec. 1494. APPROVAL OF PLANS.] To secure the approval of plans 
showing the method or systems of heating and ventilation as provided 
for in Sec. 1490, the foregoing requirements must be guaranteed in the 
specifications accompanying the plans. Hereafter erections or construc- 
tions of public school buildings by architect or other person who draws 
plans or specifications or superintends the erection of a public school 
building, in violation of the provisions of this act, shall be punished 



STATE OF NORTH DAKOTA 211 



by a fine of not less than one hundred dollars nor more than one thousand 
dollars. 

Sec. 1185. ERECTION OF BUILDINGS IN COMMON SCHOOL DIS- 
TRICTS.] Three notices of the time, place and the purpose of such 
election shall be posted in three of the most public places in the district 
at least fourteen days prior to such meeting. If a majority of the voters 
present at such meeting shall by vote select a school house site or shall 
be in favor of the purchase, exchange or sale of the school house, as 
the case may be( then the board shall proceed to carry out the decision 
of the voters of the district, provided it shall require a vote of two-thirds 
of the voters present and voting at such meeting to order the removal 
of the school house, and such school house so removed cannot again 
be removed within three years from the date of such meeting; and, 
further, if the question of removing the school house fails to carry, 
then the question of removing such school house cannot again be raised 
within one year; provided, further, that whenever a school house is 
to be purchased, erected or constructed in a common school district, the 
school board shall consult with the county superintendent of schools 
and the county superintendent of health with regard to plans providing 
for the proper construction, lighting, heating and ventilating; provided, 
further, that it shall be the duty of the state superintendent of public 
instruction to furnish plans for school houses of one and two rooms 
that will be in accord with the best ideas pertaining to heating, lighting, 
ventilation and other sanitary requirements; provided, further, that 
school boards and county superintendents shall secure from a competent 
carpenter or architect complete specifications and blue prints for plans 
furnished by the state superintendent of public instruction, [or approved 
plans that may be furnished by said carpenter or architect], at a cost 
not to exceed twenty-five dollars for a one-room school house and forty 
dollars for a two-room school house. A copy of such plans and specifi- 
cations shall be filed in the office of the county superintendent. 

Sec. 1340. PROPOSALS FOR.] When any school house is built with 
funds provided for in the manner herein authorized, the school board 
shall advertise at least thirty days in some newspaper printed in the 
county or by posting notices for the same length of time in at least 
three of the most public and conspicuous places if no newspaper is 
published in the county for sealed proposals for building such school 
house in accordance with plans and specifications furnished by the school 
board, reserving the right to reject any and all bids, and if any of the 
proposals shall be reasonable and satisfactory such board shall award 
the contract to the lowest responsible bidder and shall require of such 
contractor a bond in double the amount of the contract, conditioned 
that he will properly account for all money and property of the school 
district that may come into his hands and that he will perform the 
conditions of his contract in a faithful manner and In accordance with 
its provisions; and in case all the proposals are rejected, such board 
shall advertise anew in the same manner as before until a reasonable 
bid shall be submitted. 



212 GENERAL SCHOOL, LAWS 

Sec. 1341. PROVISIONS OF THIS ARTICLE. HOW APPLICABLE.] 
The provisions of this article shall be applicable to and authorize the 
issuance of bonds by such school districts as have already built school 
houses and issued orders or warrants therefor, and any such school 
district may vote to bond the indebtedness incurred by reason of build- 
ing and furnishing a school house and purchasing a site for the same 
and bonds may be issued in the same manner as hereinbefore provided 
for building and furnishing school houses. 

ARTICLE 54.— FIRE AVOIDANCE. 

Sec. 1200. EXITS REQUIRED.] All school houses having more than 
one school room shall have the doors in the exits opening outward, 
ajid it is hereby further provided that after the passage of this act school 
houses of more than one room thereafter erected shall be provided with 
an exit not less than four feet six inches in widti. All doors to be 
kept unlocked from 8:30 o'clock a. m. to 4:30 o'clock p. m. on school 
days. 

Sec. 1201. FIRE ESCAPES.] There is hereby required a stationary 
fire escape, consisting of iron stairways, attached to school houses hav- 
ing more than one story, with iron landings easily accessible from each 
school room above the first floor, guarded by aij iron railing not less 
than two feet six inches in height. Such landings shall be connected 
by iron stairs not less than three feet wide and with steps not less 
than six Inches tread, and protected by a well secured hand rail of iron 
on both sides and reaching to the ground. Provided, however, that the 
six-foot section immediately above the ground shall be hinged to the 
main escape so it may be swung out of the way when not in use; fur- 
tJier provided that this section shall not affect school houses now con- 
structed and provided with adequate fire escapes. The way of egress 
to such tire escape shall at all times be kept free and clear from all 
obstruction of any and every nature. 

Sec. 1202. DUTY OFFICERS.] Trustees, boards of directors, boards 
of education, or any other person having charge of such school houses 
shall comply with the provisions of this act within six months after 
its passage and approval. 

Sec. 1203. PENALTY.] Any person or board violating any of the 
provisions of this act shall upon conviction thereof, be deemed guilty 
of a misdemeanor and shall be punished by a fine of not less than 
twenty-five dollars or more than one hundred dollars. 

ARTICLE 55.— FIRE DRILL AND GUARDS FOR PUBLIC SCHOOLS. 

Sec. 1. DUTIES OF TEACHERS AND SUPERINTENDENTS.] It shall 
be the duty of all teachers in the public schools of this state where 
any school has more than one room, to give at least two fire drills 
each month, and no such teacher shall draw his salary for any month 
until he has certified to the clerk of the school board that such fire drills 
have been given; provided, that in districts having a superintendent, 
such superintendent shall prescribe rules governing such fire drills for 
the schools under his supervision, and he shall not draw his salary until 



STATE OF NORTH DAKOTA 213 

he shall have certified to the clerk of the school board or the secretary 
of the board of education that at least two such Are drills have been 
given in each school under his supervision, as provided for in this act. 

Sec. 2. DUTY OF COUNTY SUPERINTENDENT.] It shall be the 
duty of the county superintendent of schools to prescribe reasonable 
rules for giving fire drills in the rural schools of his county, with spe- 
cial reference to prairie fires, and any school board may direct that no 
teacher shall draw his Salary until one fire drill each month shall have 
been given. 

Sec. 3. FIRE GUARDS.] It shall be the duty of every school board 
in this state to provide such fire guards as they may deem reasonable 
around schools in their districts. Should any school board fail or neg- 
lect to provide such fire guards, it shall be the duty of the county 
superintendent of schools to notify such school board of such failure, and 
it shall be a misdemeanor for any member of such school board, after 
being so notified, to draw his salary until such guards have been made. 

ARTICLE 56.— CARE AND CUSTODY OF BUILDINGS USED FOR 
SCHOOL PURPOSES. 

Sec. 2995. DOORS. CONSTRUCTION OF.] All doors or ingress and 
egress in all buildings used for public assemblages of any character 
in this state, including school houses, ***** shall be so con- 
structed as to open and swing outward, and doorways shall not be less 
than four feet in width, with proper landings and stairways of at least 
equal width. 

Sec. 2996. WHO SHALL COMPLY.] It shall be the duty of all persons 
owning or having charge of such buildings, including trustees, boards 
of directors and boards of education, to comply with the provisions of 
the last section within six months after the same shall take effect; 
but nothing herein shall be construed to require a change in the width 
of existing stairways and doorways, and this article shall not apply 
to churches and school houses not within the limits of any city or vil- 
lage. 

Sec. 2997. PENALTY FOR FAILURE.] Any person failing to comply 
with the provisions of this article, or who shall build, maintain or 
permit to be used any such building contrary to the provisions hereof 
shall be deemed guilty of a misdemeanor. 

Sec. 9846. INJURING PUBLIC BUILDINGS.] Every person who wil- 
fully burns, destroys or injures any public building or improvement in 
this state, is punishable by imprisonment in the penitentiary not less 
than one and not exceeding five years. 

PUBLIC BUILDINGS AND PUBLIC PARKS. 
(S. B. No. 113, 1919) 

Sec. 1. That any officer or officers of the State of North Dakota, 
any municipality therein or any sub-division thereof, who shall have 
custody and control of any public building or any public park suitable 
for holding public meetings therein shall, when petitioned so to do by 
twenty-five resident taxpayers of the municipality or political sub-di- 



214 GENERAL SCHOOL LAWS 

vision owning said building or public park open said building or park 
for any public meeting which is to be non-sectarian and non-fraternal 
in character; provided, however, that no such public building shall be 
used for such purpose when in actual and necessary use in carrying 
out the purpose for which it was constructed. 

Sec. 2. Any person or persons violating the provisions of this act 
shall bo guilty of a misdemeanor. Approved March 7, 1919. 



CHAPTER 14.— TEXT BOOKS AND SUPPLIES. 

ARTICLE 57.— FREE TEXT BOOKS. 

Sec. 1397. POWER OF BOARD OF EDUCATION.] The school board 
or board of education of each and every school district in the state of 
North Dakota is hereby authorized and empowered to select, adopt and 
contract for all books and supplies needful for the school or schools 
under its charge, and the said school board or board of education shall 
have power to purchase the text books and supplies selected or con- 
tracted for, and provide for the loan free of charge or sale at cost of 
such text books and supplies to the pupils in attendance at such school 
or schools; provided, that no adoption or contract shall be for a period 
to exceed three years; provided, further, that before any publisher or 
publishers shall enter or attempt to enter into any contract with any 
school board or board of education for the sale of text books, as here- 
inbefore provided, they shall tile with the superintendent of public in- 
struction of the state of North Dakota a list of their books and the 
lowest prices at or for which they will sell any or all of such books 
to any school board or board of education in the state of North Dakota, 
and tliey, the said publishers, shall deposit with the superintendent of 
public instruction a sample copy of each book so listed, which shall 
represent in style, binding, mechanical execution, general make-up and 
matter, the book or books they offer to sell to the school board or 
board of education at or tor the prices lisied and in no case shall 
prices be raised above said listed price as filed. It shall be the duty 
of the superintendent of public instruction to furnish a certified copy 
of the list of books and prices filed in accordance with the pro^isions 
of tills section to the district clerk of each school district in the state 
of North Dakota, through the office of the county superintendent. 

Sec. 139S. FREE BOOKS PROVIDED. WHEN.] Whenever in the 
judgment of the board it is desirable or necessary to the welfare of 
the schools in the district or to provide for the children therein better 
school privileges, or whenever petitioned so to do by two-thirds of the 
voters of the district, the board shall provide free text books and sup- 
plies for all schools under its charge, in such manner as hereinbefore 
provided. All books purchased In accordance with tJie provisions of 
tills article shall be paid for out of the school funds of the respective 
districts, and it shall be the 'duty of school boards and boards of educa- 
tion to see that sufficient funds are raised and set aside for the purpose 



STATE OF NORTH DAKOTA 215 



of this article. The clerk of each district shall also keep a record of 
all books furnished the schools in the district. 

Sec. 1399 . DISTRICTS NOT HAVING FREE TEXT BOOK SYSTEM.] 
In any district which does not have the free text book system, the 
person in charge of ,any child in school shall provide it with suitable 
text books, which shall be those adopted by the school board and 
necessary to its reasonably successful progress in class in all of the 
subjects of study for the grade to which it is assigned by its teacher. 

ARTICLE 58.— CONTROL OF ADOPTION AND SALE. 
(Chap. 145, p. 183, 1915.) 

Sec. 1. Before any person, firm, company or corporation shall offer 
for selection, adoption, contract, sale or exchange any school textbook 
or book for use in the schools of the State of North Dakota, such person, 
firm, company or corporation shall comply with the following condi- 
tions: 

1. REQUIRED OF PUBLISHERS.] File a copy of such school text- 
book or book for use in the schools of the state in the /Office of the 
state superintendent of public instruction with a sworn statement of the 
published price list; the lowest wholesale price; and the lowest ex- 
change price; based upon three and five year contract periods, at which 
said school textbook or book is sold or exchanged for an old book in 
the same subject of like grade and kind but a different series, to any 
school board, school corporation, or school commission anywhere in 
the United States. 

2. PUBLISHER'S BOND.] File with the state superintendent of pub- 
lic instruction a bond running to the State of North Dakota, with a 
responsible surety company authorized to do business in the State of 
North Dakota as surety thereon in the penal sum to be determined by 
the state superintendent of public instruction but not less than two 
thousand dollars nor more than ten thousand doll?,rs conditioned as 
follows: 

(a) That any book listed in said statement and in any other state- 
ment subsequently filed by said person, firm, company or corporation 
shall be supplied by the publisher to any school district or any school 
corporation in the State of North Dakota at the price and terms con- 
tained in said statement. 

(b) That such price and terms so filed are to be reduced automat- 
ically in North Dakota whenever reductions are made by the publisher 
elsewhere in the United States so that at no time shall any book so 
filed and listed be sold to district school boards, boards of education 
or to their authorized purchasing agents at a higher price than is re- 
ceived for such book by the publisher elsewhere in the United States. 

(c) That all textbooks offered for sale, adoption, contract or exchange 
by the publisher in the State of North Dakota shall be equal in quality 
to those deposited in the office of the state superintendent of public 
instruction as regards paper, binding, printing, illustrations, subject mat- 
ter, and all particulars that may effect the value of such textbooks. 



216 GENERAL SCHOOL LAWS 

(d) That in case an abridged or special edition of any book shall 
be prepared the person, firm, company or corporation manufacturing 
the same shall sell such special edition to district school boards, boards 
of education of North Dakota or to their authorized purchasing agents 
at the same wholesale price at which the book is sold elsewhere. 

(e) That no person, firm, company or corporation filing their books 
in North Dakota under the provisions of this act shall enter into any 
understanding, agreement or combination to control prices or restrict 
competition in the sale of school textbooks. 

Sec. 2. BOND APPROVAL.] Such bond shall be approved by the 
attorney general and upon such approval, said person, firm, company 
or corporation shall be licensed by the state superintendent of public 
instruction to sell the book or books so filed in the State of North 
Dakota. 

Sec. 3. LIST TO BE PUBLISHED.] It shall be the duty of the state 
superintendent of public instruction to have printed and distributed to 
the clerks of district school boards, secretaries of boards of education 
of independent and special school districts and county superintendents 
of schools within six (6) months after this act takes effect, a complete 
list of books filed with his department giving the prices and terms of 
same; and the state superintendent of public instruction shall have 
printed and distributed annually thereafter a supplementally list of text- 
books with prices and terms filed during the year, and all books used 
in the public schools of the State of North Dakota may be selected, 
adopted, and contracted for from said list by district school boards and 
boards of education, and books so designated and contracted for shall be 
used exclusively for three (3) or five (5) years during which time such 
books shall not be changed; provided, however, this shall not prevent 
school boards from using other supplementary books. 

Sec. 4. FORFEITURE OF BOND.] If in any case any person, firm, 
company, or corporation, shall supply any district school board, board 
of education or purchasing agent of same, books inferior to the samples 
on file with the state superintendent of public instruction, or charge 
a higher price than was filed or than the same are sold elsewhere in 
the United States, then it shall be the duty of the county superintendent 
on written complaint filed with him by the school board of such a 
district to inform the state superintendent of public instruction of the 
failure of said person, firm, company or corporation to complj"" with the 
terms of his filing. The state superintendent of public instruction shall 
thereupon notify the said person, firm, company or corporation of said 
complaint, and if said person, firm, company or corporation shall dis- 
regard the notification and fail to comply with the terms of agreement 
filed with the state superintendent, then the bond of said person, firm, 
company or corporation shall be forfeited, and the attorney general shall 
upon written request of the state superintendent of public instruction 
proceed to collect the full amount of said bond. 

Sec. 5. BRIBERY FORBIDDEN.] No person, firm, company or cor- 
poration shall secure or attempt to secure the adoption, selection, con- 



STATE OF NORTH DAKOTA 217 

tract or sale of any school textbook in this state by rewarding or 
promising to reward any teacher in any school in the state. No person, 
firm, company or corporation shall offer or give emolument money or 
any valuable thing, promise or work, or any other inducement to any 
teacher or school officer in any school district for any vote or promise 
of vote or for his influence for any schoolbook to be used in this state; 
provided, that nothing in this section shall be construed to prevent any 
person, firm, company or corporation from giving, or any school officer 
or teacher from receiving a reasonable number of sample schoolbooks 
for examination with the view of obtaining information as to the text- 
book or series of books from which said officer shall give his vote; 
provided, further, that any school officer or teacher receiving for exami- 
nation sample books, shall after such examination deliver such samples 
to the clerk of the school district and such books shall then become the 
property of the district. 

Sec. 6. APPOINTMENT OF DEALERS.] Boards of education and 
district school boards are hereby authorized and shall have the power 
to appoint agents or dealers to purchase, handle and sell the books 
which have been selected and contracted for, and it shall be unlawful 
for any dealer or for any purchasing agent of any school district to 
sell any books to pupils of the district listed v/ith the state superintend- 
ent of public instruction as hereinbefore provided at a price to exceed 
15 per cent advance on the net cost of the book as listed with the 
department of public instruction and as named in the contract with 
the school district; provided, that to the selling price as above deter- 
mined be added the net cost of transportation. 

Sec. 7. DISTRICTS MAY PURCHASE.] School districts are hereby 
authorized to purchase textbooks from the publisher at prices and terms 
listed with the state superintendent of public instruction and to sell 
said books to the pupils at said cost prices or at such prices as will 
include the cost of transportation and cost of handling. District school 
boards and boards of education shall have the authority and are author- 
ized to purchase all necessary books for indigent pupils and pay for 
same out of the funds of the district, and to loan same free of expense 
to such pupils. The district school board or board of education shall 
purchase all books necessary for the use of teachers in conducting the 
work in the schools of the district where such teachers are employed 
and such books shall be paid for out of the funds of the district and 
be held as the property of the district. 

Sec. 8. REMOVAL OF FAMILY.] When a family removes from a 
school district, where free textbooks are not provided, the school board 
of the district from which the family removes may purchase out of the 
funds of the district, the textbooks in actual use by the children of 
such family at a fair price based upon the cost of the books and upon 
the condition of same; the books so purchased may be resold to other 
children in said district. 

Sec. 9. HOW FREE BOOKS MAY BE PROVIDED.] When the district 
school board or board of education of any district deems it advisable. 



218 CBNERAL SCHOOL LAWS 



said board may provide for the free use of sctiool textbooks by the 
pupils of their school or schools, or whenever five or more legal voters 
of a common school district or 10 per cent of the legal voters of a 
consolidated, special or independent school district shall petition the 
board to submit to such district the question of providing free textbooks 
to pupils attending such schools, it shall be the duty of such board to 
submit same to the legal voters of such district. Such questions may 
be submitted to a special meeting or at any annual meeting ^provided 
fourteen days' notice is given thereof and by posting said notice on 
the schoolhouse or schoolhouses of such district and in such other public 
place or places as the district school board or board of education deems 
advisable, and in all cases the notice of such meeting shall call atten- 
tion to the fact that such question will be submitted, and in case of a 
majority of the legal voters of such district present and voting at such 
meeting are in favor of such free textbooks, it shall be the duty of the 
board to provide the same. All books purchased by school boards, as 
herein provided, shall be held as the property of the district and loaned 
to pupils of the district while pursuing a course of study therein, free 
of charge; but the school board shall hold such pupils responsible 
for any damage to, or loss of, or failure to return such books at the 
time and to the person that may be designated by the board of such 
district. 

Sec, 10. PENALTY FOR VIOLATION.] Any person, firm, company 
or corporation violating any provision of this act shall on conviction 
thereof be punished by fine not to exceed five hundred dollars, or by 
imprisonment not to exceed three months, or by both such fine and 
imprisonment at the discretion of the court. 



CHAPTER 15.— PATRIOTIC REQUIREMENTS. 

ARTICLE 59.— FLAG TO BE DISPLAYED. 

Sec. 1400. ON ALL PUBLIC SCHOOLS.] The school board or board 
of education of any city, town, or district, is authorized and required 
to purchase at the expense of the city, town or district, one or more 
flags of the United States, which shall be displayed in seasonable 
weather upon the school houses or flagstaff upon tlie school grounds 
during the school hours of each day's session of school. 

Sec. 1820. ON ALL PUBLIC INSTITUTIONS. APPROPRIATION.] 
The flag of the United States of America shall be displayed upon all 
state institutions between the hours of nine o'clock A. M. and four 
o'clock P. M. of each day. It is the duty of the officials in charge of 
the various state institutions to make the necessary arrangements for 
carrying out the provisions of this article, and there is hereby appro- 
priated the sum of ninety-two dollars or so much thereof as may be 
necessary out of all moneys in the state treasury not otherwise appro- 
priated to pay the expenses necessarily incurred in so doing, which 
said expenses shall be audited and paid by the State Treasurer in the 
same manner as bills for incidental expenses are paid and audited. 
Chap. 28, p. 21, 1915. 



STATE OF NORTH DAKOTA 219 

Sec. 10232. PUNISHMENT FOR DESECRATION OF FLAG.] Any 
person who in any manner, for exhibition or display, shall place, or 
cause to be placed, any words or figures, or number, or marks, or 
inscription, or picture, or design, or device, or symbol, or token, or 
notice, or drawing, or any advertisement of any nature whatever, upon 
any flag, standard, color or ensign of the United States, or shall expose, 
or cause to be exposed, to public view any such flag, standard, color 
or ensign of the United States, upon which shall be printed, painted 
or otherwise placed, or to which shall be attached, appended, affixed 
or annexed, any words, or figures, or numbers, or marks, inscriptions, 
or pictures, or design, or device, or symbol, or token, or notice, or 
drawing, or any advertisement of any nature or kind whatever, or who 
shall expose to public view, or shall manufacture, or sell, or expose 
for sale, or have in possession for sale, or for use, any article or thing 
or substance, being an article of merchandise, or a receptacle of mer- 
chandise, upon which shall be printed, painted or attached, ,or otherwise 
placed, a representation of any such flag, standard, color or ensign of 
the United States, to advertise or call attention to, or to decorate, or 
to ornament, or to mark, or to distinguish, the article or thing on 
which so placed, or shall publicly mutilate, trample upon, or publicly 
deface, or defy, or defile, or cast contempt, either by words or act, upon 
any such flag, standard, color or ensign of the United States, shall be 
guilty of a misdemeanor. 

Sec. 10233. THE MEANING OF THE FLAG.] The words flag, stand- 
ard, color or ensign of the United States, as used in this chapter, 
shall include any flag, any standard, any color, any ensign, or any 
representation of a flag, standard, color, or ensign, or a picture of a 
flag, standard, color or ensign made from any substance whatever, and 
of any size whatever, evidently purporting to be either of said flag, 
standard, color or ensign of the United States, or a picture, or a 
representation of either thereof, upon which shall be shown the colors, 
the stars and stripes, In any number of either thereof, or by which the 
person seeing the same, without deliberation, may believe the same to 
represent the flag, or the colors, or the standard, or the ensign of the 
United States of America. 

Sec. 10234. EXCEPTIONS.] This chapter shall not apply to any 
act permitted by the statutes of the United States or by the United 
States army and naval regulations, nor shall this chapter be construed 
to apply to the regular issue of a newspaper or other periodical, on 
which shall be printed said flag, disconnected from any advertisement. 

Sec. 10235. PENALTY.] Any person offending against the provisions 
of this chapter shall be deemed guilty of a misdemeanor, and upon 
conviction thereof before a court of competent jurisdiction, shall be 
punishable by a fine of not less than five, or to exceed twenty-five 
dollars, or by thirty days' imprisonment in the county jail, or by both 
such fine and imprisonment, in the discretion of the court. 

Sec. 1915. STATE FLAG.] The flag of North Dakota shall consist 
of a field of blue silk four feet four inches on the pike and five feet 



d 



220 GENERAL SCHOOL LAWS 

six inches on the fly, with a border of knotted yellow fringe two and 
one-half inches wide. On each side of said flag in the center thereof, 
shall be embroidered an eagle with outspread wings and with opened 
beak, the eagle to be three feet four inches from tip to tip of wing, 
and one foot ten inches from top of head to bottom of olive branch 
hereinafter described; the right foot of the eagle shall grasp a sheaf 
of arrows, the left foot shall grasp an olive branch showing three red 
berries; on the breast of the eagle shall be displayed a shield, the 
lower part showing seven red- and six white stripes placed alternately; 
through the opened beak of the eagle shall pass a scroll bearing the 
words "B Pluribus Unum," beneath the eagle a scroll on which shall 
be borne the words "North Dakota"; over scroll carried through the 
eagle's beak shall be shown thirteen five-pointed stars, the whole device 
being surmounted by a sunburst. The flag shall conform in all respects 
as to color, form, size and device with the regimental flag carried by 
the First North Dakota Infantry in the Spanish-American War and 
Philippine Insurrection, except in the words shown on the scroll below- 
the eagle. 

ARTICLE 60.— MOTHERS' DAY. 

Sec. 1916. WHO SHALL DESIGNATE.] It shall be the duty of the 
Governor each year to designate the second Sunday in May as Mothers' 
Day, and the Governor shall issue a proclamation requesting the people 
of the state to assemble on that Sunday in their churches or at such 
other place or places as may be most convenient and proper for the 
purpose of paying respect and tribute to our mothers. 
ARTICLE 61.— STATE FLOWER. 

Sec. 1914. NAMED.] On and after the passage of this act the state 
floral emblem of North Dakota shall be the wild prairig rose (ROSA 
BLANDA OR ARKANSANA). 



CHAPTER 16.— HEALTH AND SANITATION. 

ARTICLE 62.— HEALTH INSPECTION OF PUPILS. 
Sec. 1346. HEALTH INSPECTION OF PUPILS IN PUBLIC SCHOOLS.] 
Upon being petitioned in writing by a majority of the school directors 
of the County the Board of County Commissioners shall employ one or 
more licensed physicians or graduate nurses, duly registered and licensed 
to practice nursing under the laws of this state, whose duty it shall 
be to visit the schools in the county and to inspect and examine the 
pupils attending said schools. The nurse or physician so appointed 
shall, under the supervision of the county board of health, examine at 
least once annually all children enrolled in the public schools of the 
county, except those who present a certificate of health from a licensed 
physician; and such nurse or physician shall make out suitable records 
for each child, a copy of which shall be filed with the county superin- 
tendent of schools and a copy with the county superintendent of public 
health. Notice of physical defects or abnormalities of diseased or ab- 
normal children shall be sent to the parents, with recommendations for 



STATE OF NORTH DAKOTA 221 

the guidance of the parents in conserving the health of such child. The 
nurse or physician thus appointed shall co-operate with the state, county, 
city and township boards of health in dealing with contagious and 
infectious diseases and in securing medical treatment for abnormal or 
diseased indigent children. 

The school board or board of education of any school corporation in 
the state may, and when petitioned by a majority of the persons having 
children attending the schools of the district shall employ one or more 
licensed physicians or graduate nurses, duly registered and licensed to 
practice nursing in this state. The school nurse or physician thus ap- 
pointed shall, under the supervision of the local board of health, inspect 
and examine at least once annually all children enrolled in the public 
schools of the district, except those who present a certificate of health 
from a licensed physician, and such inspector shall make out suitable 
records for each child examined, one copy of which shall be filed with 
the county superintendent of schools and one with the county superin- 
tendent of health; but in districts within incorporated cities, one copy 
of such report shall be filed with the city superintendent of schools, 
one with the county superintendent of schools and one with the county 
superintendent of health. Notice of physical defects or abnormalities 
of diseased or abnormal children shall be given to the parents or 
guardians as prescribed in the preceding paragraph of this section, and 
such inspector shall co-operate with the state, county, city and town- 
ship boards of health in the manner provided in the preceding para- 
graph of this section. It shall be the duty of the city and county 
superintendents of schools to co-operate with school boards and boards 
of education in promoting health inspection. Where health inspection 
is provided by the school district, the board of education or the school 
board therein shall furnish all blanks and other needed supplies; and 
where inspection is furnished by the county commissioners, the county 
shall furnish the blanks and all necessary supplies. C. 135, p. 171, '15 — 
C. 210. p. 295, '17. Approved Feb. 14, 1919. 

Sec. 1403. SANITARY CONVENIENCES.] It shall be the duty of 
all boards of education and school boards in this state to provide suitable 
and convenient water closets or privies for each of the schools under 
their charge, at least two in number, which shall be entirely separate, 
each from the other, and having separate means of access; and it shall 
be the duty of the school officers aforesaid to keep the same in a clean, 
chaste and wholesome condition; and a failure to comply with the 
provisions of this article on the part of any board of education or school 
board, shall be sufficient grounds for removal from office and for with- 
holding from any district any part of the county tuition fund. 

Sec. 404. COUNTY BOARD OF HEALTH (Session Laws 1915).] 
There is hereby established county boards of health, composed of a 
president, vice-president and superintendent; the state's attorney in each 
county shall be president of the county board; the county superin- 
tendent of schools shall be vice-president, and the board of county com- 
missioners shall at the first meeting of the board each year appoint 



222 GENERAL SCHOOL LAWS 

a superintendent of public health for the county, who shall be learned 
in medicine, and hold a license to practice medicine and surgery within 
the state, and the several persons appointed shall hold their offices for 
one year and until their successors are elected and qualified. 

Provided, however, that whenever the state board of health has reason 
to believe that the county superintendent of public health is failing to 
perform his duties as prescribed by law they may report the case to 
the board of county commissioners, and the latter may, after proper 
hearing, at their next meeting declare the office vacant, and appoint 
another physician in his place for the remainder of the unexpired term. 

Sec. 426. CONTAGIOUS DISEASES.] No principal, superintendent or 
teacher of any school, and no parent or guardian of any minor child, 
shall permit any child having scarlet fever, diphtheria, smallpox, whoop- 
ing cough, measles or any other dangerous, infectious or contagious 
disease, or any child residing in any house in which any such disease 
exists or has recently existed to attend any public or private school 
until the local board of health shall have given permission therefor. 
VACCINATION NOT NECESSARY. 
(S. B. No. 31, 1919) 

Sec. 1. VACCINATION OR INOCULATION NOT TO BE MADE A 
CONDITION PRECEDENT.] No form of vaccination or inoculation shall 
hereafter be made a condition precedent, in this state, for the admission 
to any public or private school or college, of any person, or for the 
exercise of any right, the performance of any duty, or the enjoyment of 
any privilege, by any person. Approved February 14, 1919. 
PROHIBITING PUBLIC DRINKING CUPS 

Sec. 2952. The use of public drinking cups on railroad trains, in 
railroad stations, in the public, parochial, or private schools, and other 
educational institutions and other public buildings of the state of North 
Dakota, is hereby prohibited from and after September 1, 1913. 

Sec. 2953. No person or corporation in charge of any railroad train 
or station, no school board, board of education, town board of school 
directors, or board of trustees of any public, parochial, or private 
school or educational institutions and other public buildings shall furnish 
any drinking cups for public use, and no person or corporation shall 
permit upon said railroad trains or in station, or at any said public, 
parochial, or private school, or educational institution, the common use 
of drinking cups. 

See. 2954. Whosoever violates the provisions of this act shall be 
deemed guilty of a misdemeanor and shall be liable to a fine not to 
exceed twenty-five dollar^ for each offense. 

RHEA V. BOARD OF EDUCATION OF DEVILS LAKE SPECIAL 
SCHOOL DISTRICT. 

1. Section 400 of the Compiled Laws of 1913, making it the duty of 
the board of health to make and enforce all needful rules and regula- 
ticns for the prevention and cure of contagious and infectious diseases, 
is construed, and held not to authorize the board of health to issue 



STATE OF NORTH DAKOTA 223 

an order denying to children the right to attend the public schools 
except upon condition of being vaccinated, where it appears that there 
is no prevailing epidemic of smallpox and no imminent danger from 
this disease is reasonable to be anticipated. 

2. Sections 1346 and 426 of the Compiled Laws of 1913, defining the 
duties of school officers with reference to the supervision of the health 
of school children and their exclusion from schools when infected with 
infectious or contagious diseases, are construed, and held pot to authorize 
the exclusion for nonvaccination, in the absence of a showing of danger 
due to the existence of smallpox in the community, or that such danger 
is reasonably imminent. 

3. Section 425 of the Compiled Laws of 1913, which provides for the 
vaccination of minors, and section 426, which enumerates the causes 
for which children may be excluded from schools, among which non- 
vaccination is not included, are construed together, and it is held that 
the reasonable construction is that children are not to be excluded 
from schools on the sole ground of nonvaccination. 

4. Boards of health and boards of education possess only such powers 
as the statutes confer upon them. 

5. The power to legislate cannot be delegated to boards of health 
and boards of education. 

6. When the legislative policy is determined by competent legislative 
authority, ample administrative powers may be vested in executives or 
boards, to the end that the legislative rule may be properly enforced. 
171 N. W. 103. 

ARTICLE 63.— FUEL, LIGNITE COAL. 

Sec. 1828. PUBLIC INSTITUTIONS TO USE.] The various state 
institutions, county buildings and public school houses in this state shall 
use for fuel, native or lignite coal, or lignite coal products, and it shall 
be unlawful for any officer to purchase for use in such institutions, 
county buildings and public schools any coal other than that taken 
from the mines within the boundaries of this state. This section shall 
not be construed, however, as prohibiting the use of other coal or wood 
at such institutions, county buildings and public schools, when the cost 
thereof does not exceed that of native coal, or the use of coal other 
than native lignite coal or lignite coal products at such public schools 
as are located six miles or more from any mine or railroad station 
within the boundaries of this state; provided, that the comparative cost 
of such fuel is not greater than that of lignite coal, or lignite coal 
products. 

PURCHASE ON PROPOSAL.] All purchases of lignite coal shall be 
based upon proposals published in some newspaper, published in and 
having a general circulation in the state of North Dakota, and copies 
of said proposals shall be filed in the office of the Secretary of State 
at Bismarck, North Dakota, on or about the date thereof and said pur- 
chases of lignite coal shall be made from the lowest responsible bidder 
and shall be based on the following Standard Contract Grade. 



224 GENERAL SCHOOL LAWS 

WHAT CONSTITUTES A TON.] Two thousand (2.000) pounds shall 
constitute one (1) ton Standard Contract Grade of lignite coal. 

AMOUNT OP MOISTURE ALLOWED.] Standard Contract Grade of 
lignite coal shall contain as delivered thirty-three (33) per cent, of 
moisture as deterrained at one hundred and five (105) degrees Centigrade 
(c). For actual weight of moisture above thirty-five (35) per cent, 
deduct proportionately the price per ton. 

AMOUNT OP ASH PERMITTED.] Standard Contract Grade Lignite 
Coal, waterfree basis, shall contain from ten (10) to fifteen (15) per 
cent, of ash. Por each one (1) per cent, of ash above fifteen (15) per 
cent, deduct two arui one-quarter (2%) per cent, of the bid price per ton. 
Por each one (1) per cent, below the ten (10) per cent, add one and 
three-fifth (1 3/5) per cent, of the bid price per ton. 

AMOUNT OP SULPHUR.] Standard Contract Grade Lignite Coal shall 
contain, water-free basis, not over two (2) per cent, of sulphur. For 
each one (1) per cent, or major fraction thereof above two (2) per 
cent, deduct two (2) per cent, of the bid price per ton. 

NUMBER OP B. T. U.'S.] Standard Contract Grade Lignite Coal shall 
contain, water-free basis, nine thousand five hundred (9,500) British 
Thermal Units (B. T. U.) and the price per ton shall be based upon 
that number of heat units. When the British Thermal Units (B. T. U.) 
are in excess of that amount, such excess shall be paid for propor- 
tionately; and if the contents are less than nine thousand five hundred 
(9,500) British Thermal Units (B. T. U.) then a proportionate amount 
shall be deducted from the price. 

PACTS TO BE AGREED UPON.] The method of ascertaining the 
above facts shall be agreed upon between buyer and seller; provided, 
that any school or institution which does not use to . exceed fifty (50) 
tons of coal in any one year shall not be required to publish for pro- 
posals as herein provided. 

PENALTY.] Any board having charge or control of such school or 
institution which shall purchase fuel in violation of the provisions of 
Section 1828, shall be personally liable for the purchase price thereof 
and such school or institution shall not be liable therefor. Provided, 
however, that this Act shall not apply to country schools or public 
buildings where no janitor is employed. 



STATE OF NORTH DAKOTA 225 



Division 5. — The Teaching Force. 



CHAPTER 17.— TRAINING THE TEACHERS. 

ARTICLE 64.— THE STATE NORMAL SCHOOLS. 

Sec. 1578. SCHOOLS DESIGNATED.] The normal schools established 
and located at Valley City in the county of Barnes, and Mayville in 
the county of Trail, and the normal school authorized and located at 
Minot in the county of Ward, and any other normal schools as they 
may hereafter be established and located, shall be the normal schools 
of the state. ***** 

Sec. 1579. PURPOSE OF SCHOOLS.] The purpose of the state normal 
schools shall be to prepare teachers in the science of education and 
the art of teaching for the public schools of the state. Said schools 
shall in all things be free from political and sectarian control. * * * 

Sec. 1580. INTEREST AND INCOME.] All proceeds accumulating in 
the interest and income fund arising from the sale or rental of the 
lands granted or hereafter to be granted by the state to any of the 
several normal schools are hereby pledged for the establishment and 
maintenance of such schools. ***** 

Sec. 1581. SEPARATE FUNDS.] All moneys arising from interest 
and income, appropriation and taxation, or in any other manner, be- 
longing to any of the several schools, shall be deposited with the state 
treasurer and kept by him in separate fundis to be known by the names 
of the different schools to which. they belong and to be used exclusively 
for the benefit of such schools. ***** 

Sec. 1587. MONEYS, GROUNDS, BUILDINGS AND EXPENSES.] The 
board shall direct the disposition of all moneys arising from interest 
and income, appropriation and taxation, or in any other manner, and 
belonging to the different schools. It shall have supervision and control 
of the grounds, buildings and equipment of the different schools, includ- 
ing all care and construction, and all expenses incurred therewith and 
under the direction of the board shall be audited and allowed by the 
board. ***** 

Sec. 1588. FACULTIES AND EMPLOYEES.] The board shall elect 
the members of the faculties and engage the employees of the different 
schools, fix their salaries, prescribe their duties and for sufficient cause 
remove any of them at any time. ***** 

Sec. 1589. RULES, INSPECTION AND COURSES OF STUDY.] The 
board shall make the necessary rules and regulations for its government 
and control of the normal schools and it shall, as a whole, or by com- 
mittee, visit and inspect each school at least twice a year. It shall 
determine the yearly calendar and courses of study for the different 



226 GENERAL SCHOOL LAWS 



schools, which courses of study shall be uniform for each of the several 
schools and embrace the academic and professional branches usually 
taught in normal schools; provided that none of such courses of study 
shall extend more than two years beyond the course of study prescribed 
in a high school of the first class. • • ♦ ♦ * 

Sec. 1590. FACULTIES AND RULES.] The faculty of each school 
shall consist of the president and the teachers. It shall make all needful 
rules and regulations for the immediate educational administration of 
the school, especially as relating to program, classification, attendance, 
discipline, instruction, morals, decorum, health, records and other things 
pertaining to the welfare of the students. * * • * • 

Sec. 1591. PRESIDENT, DUTIES, EXPENSES.] The president of 
each school shall be the chief executive of the school and shall see 
that all rules and regulations made by the board and faculty are en- 
forced. All teachers and employees of the school shall be under his 
supervision. He shall at such times as the board may designate recom- 
mend, after careful investigation as to their qualifications, suitable per- 
sons for the various positions in the school. He may be the accounting 
officer and the purchasing agent for the school under such regulations 
as the board may malie. He shall attend the meetings of the board 
of trustees, and at such meetings he shall have voice without vote. For 
attendance at such meetings he shall receive only actual and necessary 
expense, which shall be paid as herein provided for members of the 
board. ***** 

Sec. 1592. PRESIDENT AND ANNUAL REPORT.] The president of 

each school shall make to the board at its annual June meeting a 

complete report showing the condition of the school at the time and 

throughout the previous year, and containing recommendations of such 

things as the welfare of the school demands. The report shall contain 

a complete financial statement and information concerning the various 

things pertaining to the welfare of students and as herein described. 
***** 

Sec. 1593. BOARD AND BIENNIAL REPORT.] The board shall make 
to the governor on or before the fifteenth day of October next preceding 
each biennial session of the legislature, a complete report based upon 
the annual reports of the presidents of the different schools for the 
two years previous. ***** 

Sec. 1594. DIPLOMAS.] The board of trustees and the faculty of each 
school shall issue diplomas of appropriate grade to all persons com- 
pleting any of the courses of study in the school, known to possess 
good moral character, and having met all requirements made by the 
board and the faculty, which diplomas shall set forth the above men- 
tioned facts and be designated state normal school diplomas. * * • * 

Sec. 1595. DIPLOMAS AND LICENSES.] All diplomas issued as herein 
described shall have value as teachers' license according to the pro- 
visions of the certification laws of the state. • * • * * 

Sec. 1553. GRADUATES ENTITLED TO CERTIFICATES TO TEACH.] 
After any person has graduated at the university, and after such grad- 



STATE OF NORTH DAKOTA 227 



uation has successfully taught a public school in this state for sixteen 
months, the superintendent of public instruction shall have authority 
and it shall be his duty to countersign the diploma of such teacher If 
upon examination he is satisfied that such person has a good moral 
character and is possessed of sufficient learning and ability to teach. 
Any person holding a diploma granted by the board of trustees of such 
university, certifying that the person holding the same has graduated 
from such university, shall, after his diploma has been countersigned 
by the superintendent of public instruction as aforesaid, be deemed 
qualified to teach any of the public schools in the state, and such diploma 
shall be a certificate of such qualification until annulled by the superin- 
tendent of public instruction. 

ARTICLE 65.— THE TRAINING OF TEACHERS IN SERVICE. 

Sec. 1391. TEACHERS' COUNTY INSTITUTE FUND.] All money 
received by the county superintendent from examination fees for the 
county institute fund, and all money paid into this fund from the county 
general revenue fund, shall be used by him to aid in the support of 
teachers' institutes or teachers' training schools, district teachers' meet- 
ings and annual school officers' meetings, to be held within or for the 
county and to pay necessary expenses incurred therein . The county 
superintendent shall present an itemized statement, duly verified, to the 
• county auditor for the amount of all such necessary expenses and the 
auditor shall issue a warrant therefor as provided by law. The county 
superintendent shall, at the end of each year, submit a full and accurate 
statement of the receipts and expenditures of these funds, under oath, 
to the superintendent of public instruction. 

Sec. 1392. APPROPRIATION FOR INSTITUTE FUND. DESIGNA- 
TION OF CONDUCTORS.] There is hereby appropriated out of any 
funds in the state treasury not otherwise appropriated, the sum of one 
hundred dollars each year to each organized county in the state which 
shall be designated as the state institute fund, and which shall be used 
exclusively in employing persons of learning, ability and experience as 
conductors, assistants and lecturers, of teachers' institutes. The superin- 
tendent of public instruction after consultation with the county superin- 
tendent as to the special needs and wants of their respective counties, 
shall appoint the time, place and duration of these institutes, and 
training schools, and shall designate the persons to act as conductors, 
assistants and lecturers of the same, as in his judgment the needs of 
the various counties demand. 

Sec. 1393. INSTITUTE FUND, HOW PAID OUT.] It shall be the 
duty of the county superintendent of schools in all cases to consult 
with the state superintendent of public instruction in reference to the 
management of such institute or teachers' training school, and he shall 
carry out the suggestions of such state superintendent as to the modes 
of instruction. No salary shall be paid to any conductor or instructor 
not previously appointed or employed as herein provided. The money 
hereby appropriated from the state treasury for the support of teachers' 



228 GENERAL SCHOOL LAWS 

institutes or teachers' training schools shall be paid to the persons to 
whom it is due by warrant of the state auditor upon the state treasurer, 
which shall be issued upon the presentation of an account in due form, 
verified by the person to whom due, and approved by the state superin- 
tendent of public instruction; provided, that all the state and county 
institute funds provided by law, of one or more counties may be applied 
to the support of a teachers' training school for such county or counties 
at the request of the county superintendent of such county or counties 
with the consent and under the direction of the state superintendent 
of public instruction. 

Sec. 1394. MUST FILE STATEMENT OF NUMBER OF SCHOOLS.] 
Where a teachers' training school of not less than three weeks' 
duration is held within or for any county, the conductor of such training 
school and the county superintendent shall file a certified statement 
with the county auditor, specifying the time and place of such teachers' 
training school and the county superintendent shall certify to the total 
number of schools and separate departments in graded and high schools 
in said county in which school has been taught at least four months 
during the preceding school year. The county auditor shall file a copy 
of said statement with the county treasurer who shall thereupon transfer 
from the county general revenue fund to the county institute fund the 
sum of two dollars for each school or separate department in high and 
graded schools in the county, as per specified statement filed with the- 
county auditor. 

Sec. 1395. EXPENSES OF CONDUCTOR, ASSISTANTS AND LEC- 
TURER.] The traveling and other necessary expenses of institute con- 
ductors, assistants and lecturers, in counties where a one week's institute 
is held, shall be paid from the institute fund of the county. Upon the 
filing of an Ite^iized statement with the county auditor of the necessary 
expenses incurred in connection with his work as institute conductor, 
assistant or lecturer, as the case may be, duly verified, and approved 
by the county superintendent of schools, the county auditor shall draw 
a warrant on the county treasurer for the amount due which shall be 
paid from the institute fund of the county. 

Sec. 1396. READING CIRCLE BOARD.] The state board of examiners 
shall be the state reading circle board and as such shall prescribe the 
course of reading for the teachers' reading circle of the counties of the 
state and shall make all rules and regulations for conducting the reading 
circle work and granting of credit therefor. 

Sec. 1401. SUPERINTENDENTS, PRINCIPALS, TEACHERS ATTEND- 
ING THE NORTH DAKOTA EDUCATIONAL ASSOCIATION.] The board 
of education in special or independent districts, or the school district 
board in any common school district is hereby authorized to allow the 
superintendent, principal or teachers of the schools under its charge, 
to attend, without loss of salary, any meeting of the North Dakota or 
other educational association which may be held within this state while 
the schools of such district are in session. 



STATE OF NORTH DAKOTA 229 

CHAPTER 18.— EXAMINATION AND CERTIFICATION 
OF TEACHERS. 

ARTICLE 66.— THE BOARD OP EXAMINERS. 

Sec. 1357. ANNUAL REPORT.] The board shall, on or before the 
first day of November of each year, make a report to the governor 
covering the school year ending June 30th, preceding, setting forth in 
detail all its official transactions. 

Sec. 1358. DUTIES.] The state board of examiners shall prepare 
or cause to be prepared all questions for examinations for all certifi- 
cates to teach in this state, and shall prescribe the rules and regula- 
tions governing the same, shall examine, mark and file all answer papers 
for all certificates or cause the same to be done, and shall issue all 
certificates to teach in the public schools of this state. 
ARTICLE 67.— CERTIFICATES. 

Sec. 1359. CLASSES OF CERTIFICATES NAMED.] There shall be 
four regular grades of certificates issued by the board of examiners. 
These shall be issued only to persons of good moral character who 
fulfill all the requirements specified by law and by the rules and 
regulations of the board, viz: 

(1). The second grade elementary certificate. 

(2). The first grade elementary certificate. 

(3). The second grade professional certificate. 

(4). The first grade professional certificate. 

Sec. 1360. SECOND GRADE ELEMENTARY CERTIFICATE.] The 
second grade elementary certificate shall be granted to those persons 
over eighteen years of age who are found proficient in the following 
subjects: reading, arithmetic, language and grammar, geography. United 
States history, physiology and hygiene (including physical culture), civil 
government, pedagogy, and any one of the following named subjects: 
music, drawing, agriculture, nature study, domestic science, manual 
training; provided, that the board of examiners may in their discretion 
specify which of the above subjects may be required. The proficiency 
of the applicants in spelling and writing may be required. The pro- 
ficiency of the applicants in spelling and writing will be determined 
from the papers submitted by the applicants. The second grade ele- 
mentary certificate shall be valid for two years in any county in the 
state when recorded by the county superintendent of schools. It shall 
qualify the holder to teach in any grade in rural and graded schools 
up to and including the eighth grade, and may be renewable by the 
county superintendent of schools under rules prescribed by the board 
of examiners. 

Sec. 1361. FIRST GRADE ELEMENTARY CERTIFICATE.] The first 
grade elementary certificates shall be granted to those persons over 
twenty years of age who have had at least eight months' experience 
in teaching and who, in addition to those subjects required for a second 
grade elementary certificate, are found proficient in elements of psy- 
chology and four of the following subjects of secondary grade: ele- 



230 GENERAL SCHOOL LAWS 

mentary algebra, plane geometry, physics, physical geography, botany, 
the elements of agriculture, nature study, manual training, domestic 
science and American literature. The first grade elementary certificate 
shall be valid for three years in any county in the state when recorded 
by the county superintendent of schools. It shall qualify the holder to 
teach in any grade in any school in the state up to and including the 
eighth grade and the ninth grade of schools doing not over one year 
of high school work, and may be renewable by the county superintendent 
of schools under rules prescribed by the beard of examiners. 

Sec. 1362. SECOND GRADE PROFESSIONAL CERTIFICATE.] The 
second grade professional certificate shall be gi'anted to those persohs 
who are at least twenty years of age and who have had at least nine 
months' experience in teaching and have the qualifications necessary 
for a first grade elementary certificate, and who in addition are found 
proficient in the following subjects of advanced grade: (1) psychology, 
(2) the history of education, (3) the principle of education, (4) school 
administration, (5) methods in elementary subjects, (6) rhetoric and 
composition, (7) American or English literature, (S) Ancient, English 
or American history, (9) some one natural science (which may include 
agriculture), (10) higher algebra, solid geometry, manual training or 
domestic science. The second grade professional certificate shall legally 
qualify the holder to teach in any of the common, graded or high schools 
of the state, except in the high school departments of schools doing 
four years of high school work. It shall be valid for a period of five 
years and shall be renewable in the discretion of the board for a period 
of years or for life. 

Sec. 1363. FIRST GRADE PROFESSIONAL CERTIFICATE.] The first 
grade professional certificate shall be granted to those persons who have 
substantially the equivalent of a college education, and who have had 
at least eighteen months' experience in teaching. They shall have all the 
qualifications necessary for a second grade professional certificate, and 
in addition thereto, be found proficient iia the following subjects: (1) 
foreign language, (2) a natural science other than the one presented 
for the second grade professional certificate, (3) ethics, logic of sociology, 
(4) political science, economics or domestic science, (5) any two subjects 
of college grade listed for the second grade professional certificate and 
not previously offered by the applicant. The first grade professional 
certificate shall qualify the holder to teach in all the common, graded 
and high schools of the state, and shall be valid for five years, or for 
life. 

Sec. 1364. SPECIAL CERTIFICATES.] The board may grant special 
certificates authorizing the holders to teach in any of the common, 
graded or high schools (1) drawing. (2) music, (3) kindergarten, or (4) 
primary subjects, to teachers holding at least a second grade elementary 
certificate. Special certificates to teach (1) agriculture, (2) commer- 
cial subjects, (3) domestic science, or (4) manual and industrial training 
in the common, graded or high schools of the state, may be issued to 
applicants Avho possess qualifications equivalent to those required for a 



STATE OF NORTH DAKOTA 231 

second grade professional certificate. The applicant for a special certifi- 
cate must satisfy the board by examination or otherwise of his pro- 
ficiency in the subject which the holder is authorized to teach. Special 
certificates shall be valid for such a term of years as the board shall 
prescribe. 

ARTICLE 68.— DIPLOMAS AND ACCREDITING. 
Sec. 1365. DIPLOMAS ACCREDITED.] The diplomas granted on 
the completion of the four-year curriculum of Teachers' College of the 
University of North Dakota, shall be accredited as a first grade pro- 
fessional certificate for two years, and after the holder has had nine 
months' successful experience in teaching, satisfactory evidence of which 
having been filed with the board, such diploma shall entitle the owner 
to a first grade professional certificate for lite. 

(2) THE DIPLOMA FROM THE ADVANCED, OR FIVE-YEAR CUR- 
RICULUM of the state normal schools, or its equivalent, the two-year 
curriculum for high school graduates, shall be accredited as a second 
grade professional certificate for two years, and after the holder has 
had nine months' successful experience in teaching, satisfactory evi- 
dence of which having been filed with the board, such diploma shall 
entitle the holder to a second grade professional certificate valid for 
life. 

(3) THE DIPLOMA FROM THE FOUR-YEAR CURRICULUM of the 
state normal schools or its equivalent, the one-year curriculum for high 
school graduates shall be accredited as a professional certificate of the 
second grade for two years, and, after the holder has had nine months' 
successful experience in teaching, satisfactory evidence of which having 
been filed with the board, shall entitle the holder to a second grade 
professional certificate, valid for five years, which certificate shall be 
renewable in the discretion of the board. 

(4) THE CERTIFICATE OF COMPLETION ISSUED by the state 
normal schools to those who complete the ten and one-half months' 
curriculum of the state normal schools shall entitle the holder to a 
second grade elementary certificate. 

Sec. 1366. OTHER DIPLOMAS ACCREDITED.] Diplomas from insti- 
tutions within or without the state shall be accredited, and professional 
certificates issued thereon upon the following basis: (a) the bachelor's 
diploma from a college of recognized standing shall be valid for a 
period of two years,, after its presentation to the board, as a first grade 
professional certificate, provided, that the diploma implies at least two 
year courses, or sixteen semester hours, of professional preparation 
for teaching, or in lieu of such professional study, that the holder of the 
diploma has had three years' successful experience in teaching or in 
administering schools after receiving such diploma; and after the holder 
has had nine months' successful experience in teaching, after the pres- 
entation of such diploma, satisfactory evidence of such experience hav- 
ing been filed with the board, he shall be entitled to a first grade 
professional certificate which shall be valid for five years and which 



232 



GENERAL SCHOOL LAWS 



shall be renewed for life upon satisfactory evidence of successful ex- 
perience for five years. . 

(b) The diploma or certificate from institutions whose curriculum 
is the equivalent of the four-year or the five-year curriculum of the 
state normal schools shall be valid for two years as a second grade 
professional certificate, provided, that the diploma or certificate implies 
at least two-year courses, or sixteen semester hours, of professional 
preparation for teaching or, in lieu of such professional study, that 
the holder of the diploma has had three years of successful experience 
in teaching or in administering schools after receiving such diploma; 
and after the holder of such diploma has had nine months of successful 
experience in teaching after receiving such diploma, satisfactory evi- 
dence of such experience having been filed with the board, he shall 
be entitled to a second grade professional certificate valid for five years 
or for life respectively. 

Sec. 1054. GRADUATES ENTITLED TO CERTIFICATES TO TEACH.] 
After any person has graduated at the university, and after such grad- 
uation has successfully taught a public school in this state for sixteen 
months, the superintendent of public instruction shall have authority 
and it shall be his duty to countersign the diploma of such teacher if 
upon examination he is satisfied that such person has a good moral 
character and is possessed of sufficient learning and ability to teach. 
Any person holding a diploma granted by the board of trustees of such 
university, certifying that the person holding the same has graduated 
from such university, shall after his diploma has been countersigned 
by the superintendent of public instruction as aforesaid, be deemed 
qualified to teach any of the public schools in the state, and such 
diploma shall be a certificate of such qualification until annulled by the 
superintendent of public instruction. 

Sec. 1367. PERMITS.] A college graduate without experience or the 
required professional preparation may, for reasons satisfactory to the 
board, be granted a permit, or probationary certificate, valid until such 
time, not to exceed six months, or shall be set by the board for his 
examination on the professional subjects, when, if successful he may 
be ganted a certificate, valid for a term of years or for life. Permits 
to teach till the next regular examination may be granted by the county 
superintendent of schools to any person applying at any time other than 
the regular examinations, who can show satisfactory reasons for not 
attending the previous examination and satisfactory evidence of qualifi- 
vation, subject to the rules and regulations of the board. 

Sec. 1368; ACCREDITED WORK.] The board of examiners shall be 
authorized to accredit, under its rules and regulations, the specific 
marks or standings given in high schools, summer schools, normal 
schools and the other institutions of this state, when upon investigation 
it deems such standings good evidence of proficiency in the subjects 
specified. 

Sec. 1369. HIGH SCHOOL DIPLOMAS.] Diplomas from North Dakota 
high schools doing four years' work, granted to graduates who have 



STATE OF NORTH DAKOTA 23J 

had psychology, school management and methods of instruction, and 
three senior-review subjects, shall be accredited as second grade ele- 
mentary certificates; and if within two years from the date of the 
diploma the holder has had at least eight months' successful experience 
in teaching, he shall be entitled to a first grade elementary certificate. 
Chap. 130, p. 169, 1915. 

ARTICLE 69.— EXAMINATIONS. 

Sec. 1370. EXAMINATION CONDUCTED BY COUNTY SUPERIN- 
TENDENT.] Under the direction of the state board of examiners, the 
county superintendent shall hold a public e:s:amination of all persons 
over eighteen years of age offering themselves as applicants for teachers' 
certificates, at the most suitable place or places in the county on the 
second Thursday and Friday in February, May, August and November 
oi; each year, and when necessary such examination may be continued 
on the following day. He shall examine them by a series of written or 
printed questions, according to the rules prescribed by the state board 
of examiners. The county superintendent shall forwai'd all answer pa- 
pers submitted by applicants immediately after the close of the exami- 
nation to the state board of examiners, for examination, marking, filing 
and recording. The state board of examiners by its president and sec- 
retary shall grant to each applicant a certificate of qualification, if from 
the percentage of correct answers required by the rules, said applicant 
is found to possess the requisite knowledge and understanding to teach, 
in the common schools of the state, the various branches required by 
law; provided, that sufficient evidence is furnished that the candidate 
is a person of good moral character, has had successful experience, if 
any, and possesses an aptness to teach and govern. 

ARTICLE 70.— VALUE OF CERTIFICATES. 

Sec. 1371. PAPERS TO BE KEPT ON FILE. APPEALS.] The writ- 
ten answers of applicants for elementary certificates, after being duly 
examined under the direction of the state board of examiners, shall 
be kept on file in the office of the secretary of the board of examiners 
for a period of six months after such examination, and any applicant 
thinking an injustice has been done him, may, by paying a fee of one 
dollar in the institute fund of the county and notifying both the county 
superintendent and the secretary of the board of examiners of the same, 
have his papers specially re-examined by the board, and, if such answer 
papers warrant it, the state board of examiners shall issue such appli- 
cant an elementary certificate of the proper grade. 

Sec. 1372. QUALIFICATIONS OF TEACHERS.] No certificate or 
permit to teach shall be issued to any person under eighteen years of 
age, and no first grade elementary certificaice to any person who is 
under twenty years of age, and who has not taught successfully eight 
months' school. First and second grade elementary certificates may 
be renewed without examination, under such requirements as shall b© 
imposed by the state board of examiners. The certificates issued by 



234 GENERAL SCHOOL LAWS 



the state board of examiners shall T)e valid iu any county in this state 
when recorded by the county superintendent of schools. 

Sec. 1373. TEACHER MUST HOLD CERTIFICATE, TO BE RECORD- 
ED.] No person shall be employed or permitted to teach in any of the 
public schools of the state except those in cities organized for school 
purposes under special laws, or organized as independent districts under 
the general school laws, who is not the holder of a lawful certificate 
of qualification or a permit to teach, and no teacher's certificate, issued 
by the state board of examiners nor a teacher's diploma granted by 
any institution of learning in this state shall entitle a person to teach 
in such public schools of any county, unless such certificate or diploma 
shall have been recorded in the office of the county superintendent of 
the county in which the holder is engaged to teach, and it shall be the 
duty of the county superintendent to record such certificate or diploma. 

Sec. 1178. CERTIFICATE NECESSARY TO LEGAL EMPLOYMENT.] 
It shall employ the teachers of the school district and may dismiss a 
teacher at any time for plain violation of contract, gross immorality, 
or flagrant neglect of duty. No person shall be permitted to teach in 
any public school who is not the holder of a teacher's certificate or a 
permit to teach, valid in the county or district in which such school is 
situated, and every contract for the employment of a teacher must be 
in writing and such contract must be executed before such teacher 
begins to teach in such school; provided, that no teacher holding a 
valid certificate shall receive less than forty-five dollars per month. 
Nothing in this sectioii shall be construed to mean that teachers holding 
the same grade certificate must necessarily receive the same salary. 

Sec. 1374. CERTIFICATES, WHEN REVOCABLE.] The state board 
of examiners is authorized and required to revoke and annul at any 
time a certificate granted in this state, for any cause which would have 
authorized or required it to refuse to grant the same, if known at the 
time it was granted, and for incompetency, immorality, intemperance, 
cruelty, crime against the laws of the state, breach of contract, refusal 
to perform his duty, or for the general neglect of the work of the 
school. The revocation of the certificate shnll terminate the employ- 
ment of such teacher in the school where he may be at the time em- 
ployed. Such teacher must be paid up to the time of receiving notice 
of such revocation. The state board of examiners shall immediately 
cause notice to be sent to the clerk of the school district where such 
teacher is employed and notify the teacher through the clerk, of such 
revocation; and it shall also notify each county superintendent in the 
state, and shall enter its action in such case on its records. 

Sec. 1375. PROCEEDINGS TO REVOKE. TEACHER ALLOWED DE- 
FENSE.] In proceedings to revoke a certificate the board of examiners 
may act upon personal knowledge or upon competent evidence obtained 
from others. In the latter case action shall be taken only after a fair 
hearing, and the teacher must be notified of the charge and given an 
opportunity to make a defense at such time and place as may be stated 
in such notice. Upon their own knowledge the board may act imme- 



STATE OF NORTH DAKOTA 235 



diately without notice, after an opportunity has been afforded such 
teacher for personal explanation. When any certificate is revoked the 
teacher shall return it to the secretary of the state board of examiners, 
but if such teacher refuses or neglects so to do the board may issue 
notice of such revocation by publication in some newspaper printed in 
the county where the accused was last employed. 

Sec. 1376. FEES FOR CERTIFICATES.] The state board of exam- 
iners shall require a fee of five dollars from each applicant for a first 
grade professional certificate, and a fee of three dollars from each 
applicant for a second grade professional certificate or for a special 
certificate. The same fee shall be charged for a renewal of a profes- 
sional or special certificate as is charged for its issuance. The county 
superintendent shall collect a fee of two dollars from each applicant 
for an elementary certificate, and a fee of one dollar for each renewal 
of an elementary certificate. A deposit of the fee required for any 
certificate sought must be made when a permit is issued, which deposit 
shall be forfeited in case the applicant fails to take the following exami- 
nation. 

Sec. 1377. DISPOSITION OF FEES.] One dollar of each fee col- 
lected by the county superintendent from the applicants for elementary 
certificates, and all fees received for the renewal of elementary certifi- 
cates shall be paid into the county teachers' institute fund to be used 
in support of teachers' institutes or teachers' training schools for the 
county as provided by law, and one dollar of each fee from applicants 
for elementary certificates shall be forwarded to the state board of 
examiners who shall deposit all fees received by them in the state 
treasury as a fund from which to pay the clerical help, per diem and all 
other expenses incurred by the board in the discharge of their duties, 
and to aid in the establishment and maintenance of teachers' reading 
circles and in the professionalizing of teaching in such other ways as 
the board may deem advisable. 



CHAPTER 19.— THE DUTIES OF TEACHERS. 

ARTICLE 71.— DUTIES, POWERS, PRIVILEGES OF TEACHERS 
Sec. 1378. OF CITY AND VILLAGE SUPERINTENDENTS.] The 
superintendents of schools in all districts employing such officer, shall, 
subject to the final authority of the board, supervise the administration 
of the course of study, visit schools, examine classes, and have general 
supervision of the professional work of the school, including the holding 
of teachers' meetings and the classification cf teachers. The superin- 
tendent, from time to time, shall make reports to the board of educa- 
tion embodying recommendations relative to tne employment of teachers 
and janitors, adoption of text books, changes in the course of study, 
enforcement of discipline, and general school matters; and shall also 
make such other reports and perform such other duties as the board 
of education may direct and delegate. 

Sec. 1379. TEACHER TO GIVE NOTICE OF OPENING AND CLOSING 



236 GENERAL SCHOOL LAWS 

OF SCHOOL.] Each teacher on beginning a term of school shall give 
written notice to the county superintendent of the time and place of 
opening such school and the time when it will probably close, and prior 
to receiving salary for the first month each teacher must exhibit his 
certificate or permit to teach to the clerk of the district school board. 
If such school is to be suspended for one week or more in such term 
the teacher shall notify the county superintendent of such suspension. 

Sec. 13S0. WHEN TEACHER NOT ENTITLED TO COMPENSATION.] 
No teacher shall be entitled to or receive any compensation for the 
time he teaches in any public school without a certificate or permit to 
teach, valid and in force for such time in the county where such school 
is taught, except that if a teacher's certificate shall expire by its own 
limitation within six weeks of the close of the term, such teacher may 
finish such term without re-examination or renewal of such certificate. 

Sec. 13S1. TEACHER'S REGISTER.] Each teacher shall keep a 
school register and at the close of each term make a report containing 
the number of visits of the county superintendent and such items and 
in such form as shall be required. Such report shall be made in dupli- 
cate, both copies of which shall be sent to the county superintendent 
who, if he finds such report to be correct, shall immediately return 
one copy to the district clerk to be filed with him. No teacher shall be 
paid the last month's salary in any term until such report shall hava 
been approved by the county superintendent and one copy returned to 
the district clerk. 

Sec. 13S2. SCHOOL YEAR AND SCHOOL WEEK DEFINED. HOLI- 
DAYS.] The school year shall begin on the first day of July and close 
on the thirtieth day of June of each year. A school week shall consist 
of five days and a school month of twenty days. No school shall be 
taught on a legal holiday or on Saturday, provided ,however, that on 
February the twelfth (Lincoln's Birthday), February twenty-second 
(Washington's birthday) and May the thirtieth (Memorial day) all schools 
in session shall assemble for a portion of the day and devote the same 
to patriotic exercises consistent with the day, unless such holiday shall 
fall upon Satxirday or Sunday. A legal holiday in term time falling 
upon a day' which would otherwise be a school day shall be counted 
and the teacher paid therefor, but no teacher shall be paid for Saturday 
or be permitted to teach on Saturday to make up for the loss of a 
day in the term. 

Sec. 1383. BRANCHES TO BE TAUGHT.] Each teacher in the com- 
mon schools shall teach pupils as they are sufficiently advanced to 
pursue the same, the following branches: Orthography, reading, writing, 
arithmetic, language lessons, English grammar, geography, and lessons 
in nature study and elements of agriculture, United States history, civil 
government, physiology and hygiene, giving special and thorough in- 
struction concerning the nature of alcoholic drinks and narcotics, and 
their effect upon the human system. There shall also be taught in every 
school in connection with physiology and hygiene simple lessons in the 
nature treatment and prevention of tuberculosis and other contagious 



STATE OF NORTH DAKOTA 2S7 

and infectious diseases. All pupils in the above mentioned schools 
below the high school and above the third year of school work com- 
puting from the beginning of the lowest primary year, shall receive 
instructions in hygiene every year from text books adapted to grade 
in the hands of pupils for not less than four lessons per week for ten 
weeks of each school year. In all schools above mentioned, all pupils 
in the (three) lowest three primary school years, shall each be instructed 
orally in hygiene for not less than three lessons per week for ten weeks 
of each school year by teachers using text books adapted to grade 
for such instruction as a guide or standard. Each teacher in schools 
in special districts and in the cities organized for school purposes under 
special law shall conform to and be governed by the provisions of this 
section. 

Sec. 1384. TEACHING HUMANE TREATMENT OF ANIMALS.] Ther«s 
shall be given in the public schools of North Dakota, in addition to 
other branches of study now prescribed, instruction in the humane 
treatment of animals; such instruction shall be oral and shall consist 
of not less than two lessons of ten minutes each per week. 

Sec. 1385. MUST ATTEND TEACHERS' INSTITUTE AND TEACH- 
ERS' TRAINING SCHOOLS. PENALTY FOR FAILURE TO ATTEND.] 
When a teachers' institute or teachers' training school is appointed to 
be held in or for any county it shall be the duty of the county superin- 
tendent to give written or printed notice thereof to each teacher in the 
public schools of the county, and as far as possible to call others 
not then engaged in teaching, who are holders of teachers' certificates, 
at least ten days before the opening of such institute or teachers* 
training school of the time and place of holding it. Each teacher 
receiving such notice, engaged in teaching a term of school which 
includes wholly or in part the time of holding such institute or teachers' 
training school, shall close school and attend the same and shall be 
paid by the school board of the district his regular salary as , teacher 
for the time he attended such institute or teachers' training school, as 
certified by the county superintendent, but no teacher shall receive pay 
unless he has attended four days nor shall any teacher receive pay for 
more than five days. 

PENALTY FOR FAILURE TO ATTEND.] The county superintendent 
may revoke the certificate of any teacher in his county for inexcusable 
neglect or refusal after due notice to attend a teachers' institute or 
teachers' training school held for such county. The provisions of this 
section shall not apply to high school teachers, nor to teachers in cities 
organized for school purposes under a special law, nor to teachers in 
cities organized as independent districts under the provisions of this 
chapter. 

CHAPTER 20.— TEACHERS' INSURANCE AND RETIRE- 
MENT FUND. 

ARTICLE 72.— THE BOARD OF TRUSTEES 
Sec. 1495. CREATION OF FUND AND MEMBERSHIP OF BOARD.] 



238 GENERAL SCHOOL LAWS 



There is created a teachers' insurance and retirement fund, which shall 
be managed by a board of trustees to be known as the board of trustees 
of the teachers' insurance and retirement fund. Such board shall con- 
sist of five members. The state treasurer and the state superintendent 
of public instruction shall be ex-officio members of said board; three 
members, one of whom shall be a woman, shall be appointed by the 
governor from among the members of the teachers' retirement fund as 
provided for in this act. One such appointive member may be a retired 
member of the fund. The term of office of the appointive members of 
said board of trustees shall be three years, except as provided herein, 
and shall begin on the first day of July, next succeeding their appoint- 
ment; provided that the terms of office of the first members appointed 
shall be one for a period ,of one year, and one for a period of two 
years, and one for a period of three years. 

Sec. 1496. ANNUAL MEETING OF MEMBERS.] At the time and 
place of the meeting of the North Dakota State Education Association, 
those teachers who have qualified as members of the teachers' insurance 
and retirement fund according to Sections 1505, 1506, and 1507 of this 
act, shall meet for the purpose of hearing the report of the board 
created by Section 1495 of this act, and of transacting such other busi- 
ness as may properly come before them. 

Sec. 1497. VACANCIES.] In case any vacancy occurs among the 
members of the board, said vacancy shall be filled immediately by the 
governor, and the appointee shall serve the balance of the term for 
which the original member was appointed. 

Sec. 1498. ORGANIZATION OF THE BOARD.] Said board of trustees 
shall organize by the election of a president. The state treasurer shall 
be ex-officio treasurer of said board, and shall receive and make pay- 
ments from and account for said funds in the same manner as for other 
state funds. Said board may employ a secretary to be chosen for such 
a term as shall be determined by said board. Said secretary shall per- 
form such duties in connection with the teachers' insurance and retire- 
ment fund as may be prescribed by the board. 

Sec. 1499. MEETINGS AND REGULATIONS.] Said board shall meet 
annually within three months after July first of each year, at the office 
of the superintendent of , public instruction, at a time to be fixed by the 
board, and at any other time on the call of the president or any two 
members thereof. Said board shall adopt rules for the government of 
its meetings and for the membership in the fund, payments thereto and 
therefrom, and for other matters which will be calculated to aid teachers 
in securing the benefit of the fund. 

Sec. 1500. COMPENSATION AND SECRETARY.] Members of said 
board shall receive no compensation except their necessary traveling 
expenses incurred in attending the meetings, to be paid from the teach- 
ers' insurance and retirement fund upon the certificate of the president 
and secretary; but if the board shall elect one of its members secretary, 
such member may receive compensation for services rendered as secre- 
tary. The secretary of said board shall receive a salary to be fixed by 



STATE OF NORTH DAKOTA 239 

the board, at an amount not to exceed twelve hundred dollars per 
annum. The compensation of the secretary and any other necessary 
expenses incurred by said board in carrying out the provisions of this 
act shall be paid from the fund. 

Sec. 1501. INVESTMENT OP FUNDS.] Said board shall have charge 
of the fund and shall invest the same under the same conditions as 
the trust funds of the state may be invested. 

Sec. 1502. ANNUAL REPORT.] On or before the first day of October 
of each year, said board shall report for the fiscal year ending the 
thirtieth of June preceding. A copy of said report shall be transmitted 
to the annual meeting of the members of the teachers' insurance and 
retirement fund and to the state superintendent of public instruction. 
Said superintendent shall include a copy of said report in his biennial 
report to the governor. 

Sec. 1503. RETENTION OF ASSESSMENTS.] Each school district 
board, each board of education, or other managing body of each city, 
and of each school district, and of each village, and of each town 
operating its schools under the township system of school government, 
shall retain on every pay day from the salary of each teacher in their 
respective schools the amounts herein provided. Each teacher shall be 
furnished a statement by such board, showing the amount so deducted 
from his or her salary. In like manner, each county superintendent 
and assistant county superintendent who has come within the provisions 
of the law, must authorize the county board of commissioners to deduct 
the proper assessment from each of the twelve monthly payments of 
his salary. Chap. 140, p. 177, 1915. 

Sec. 1504. AMOUNT OF ASSESSMENTS.] Every teacher who has 
joined the fund shall be assessed upon his or her salary as teacher 
for a period of twenty-five years as follows: one per centum per annum, 
but not more than twenty dollars per year, for each of the first ten 
years of service as a teacher, and two per centum per annum, but not 
more than forty dollars per year for each successive year of service as 
teacher, until said teacher shall have had a total of twenty-five years 
of teaching service, when said assessments shall cease. The total 
amount paid into said fund by each teacher shall be based upon said 
twenty-five years of service as teacher with assessments as provided 
in this section; provided that such total amount shall not be less than 
the full amount of the annuity to which such teacher shall be entitled 
for the first year. 

Sec. 1505. In becoming a teacher in any said public schools after 
January 1st, 1914, he or she shall be conclusively deemed to join the 
fund and to undertake and agree to pay such assessments and have 
such assessments deducted from his or her salary as herein stated. 
In becoming a teacher in any State Institution after January 1st, 1920. 
he or she shall be conclusively deemed to join the fund and to under- 
take and agree to pay such assessments and to have such assessments 
deducted from his or her salary as herein provided. S. B. 59, 1919. 



240 GENERAL SCHOOL LAWS 

Sec. 1506. Any person employed as a teacher in said public achooU 
when this Act takes effect may at any time before January 1st, 1920, 
elect to join the fund and to come within ' the provisions of this Act 
by notifying in writing the Board of Trustees of the Teachers' Insurance 
and Retirement Fund before January 1st, 1920. Any person employed 
as a teacher in any State Institution when tliis Act takes effect, may 
at any time before January 1st, 1920, elect to join the fund and to 
come within the provisions of the Teachers' Insurance and Retirement 
Fund by notifying in writing the Board of Trustees of such fund before 
January 1st, 1920. S. B. 59, 1919. 

Sec. 1507. At the time of giving said notice to the Board of Trustees, 
as herein provided, such teacher shall notify the local school board, 
the State Board of Regents, or other managing body, in writing, of 
his or her election to come within the provisions of this article and 
shall authorize said board or other managing body, aa a part of said 
notice, to deduct from each payment of salary due him or her a sum 
equal to said per centum of such payment as provided in Section 1504. 
S. B. 59, 1919. 

Sec. 1508. TRANSMISSION OF MONEY TO COUNTY TREASURER.] 
Each such school district board, each board of education, or other man- 
aging body, and each board of county commissioners, shall each year, 
between the 20th and the 30th days of June, forward tn the treasurer 
of the county in which the school house of said teacher is located, a 
statement verified by the secretary, the clerk, or the auditor thereof, 
of the moneys so retained, in accordance with the provisions of this 
act together with said moneys so retained. Said statement shall also 
include the following: Name and monthly salary of each of said teach- 
ers; number of months of school taught by each teacher in said public 
schools of the district, village, city, or county over which said school 
board or other managing body has jurisdiction during the school year 
for which the statement is made; the number of months constituting 
a school year in each such district, village, city or county; the total 
salary of each teacher; the total amount withheld from the salary of 
each teacher, in accordance with the provisions of this act; the total 
amount withheld from the salaries of all of said teachers for the school 
year next preceding, and the total number of years such teacher has 
taught in the public schools of the state. Chap. 140, p. 178, 1915. 

Sec. 1509. STATEMENTS TO BE SENT TO COUNTY SUPERINTEND- 
ENT AND COUNTY AUDITOR.] Said s'chool board shall at the time 
send a copy of said statement to the superintendent of the county in 
which said school house is located, and also a duplicate copy of the 
same to the auditor of said county. 

Sec. 1510. STATEMENT TO BE SENT IN ALL CASES.] If no teacher 
in such city, village, town or school district comes under the provisions 
of this act, the school board or other managing body of such city, 
village, town or school district, shall state this fact under the oath of the 
secretary or the clerk thereof, to the treasurer of said county; and 



STATE OF NORTH DAKOTA 241 

shall at the same time forward copies of said statement to the Buperln- 
tendent of said county and to the auditor of said county. 

Sec. 1511. REPORTS TO BE MADE TO THE BOARD.] Each county 
superintendent shall each year, between the 30th day of June and the 
10th day of July, report under oath to the board of trustees of the 
teachers' insurance and retirement fund. Said report shall contain an 
itemized account of the statements received by him from the school 
boards and a statement of the total amount withheld from the salaries 
of all of the said teachers in said report. 

Sec. 1512. REPORTS TO BE PRESERVED.] The board of trustees 
of the teachers' insurance and retirement fund, each county superin- 
tendent, each county auditor, each county treasurer, each school district 
board, each town board of education, or other managing body, shall keep 
complete records of the data contained in said reports and of the state- 
ments hereinbefore mentioned. 

Sec. 1513. Between the 15th day of July and the 1st day of August 
of each year, the county treasurer shall transmit to the state treasurer 
all moneys which he has receired from the school boards and from 
the board of county commissioners, in aiccordance with the provisions 
of this act in the same manner that other moneys are transmitted to 
the state treasurer; and shall certify under oath to the board of trustee* 
of the Teachers' Insurance and Retirement Fund the amount so received 
and transmitted to the state treasurer as herein provided. Tlie Secretary 
or disbursing officer of the board of regents, or other managing body, 
shall likewise transmit to the state treasurer all moneys which he has 
received from the deductions made from the salaries of teachers in 
accordance with the provisions of this act, and he shall certify, under 
oath, to the board of trustees of the Teachers' Insurance and Retirement 
Fund the amount so received and transmitted to the state treasurer. 
The state auditor shall transmit to the state treasurer all moneys and 
assessments received from the salaries of the state superintendent, depu- 
ties, assistants and state school Inspectors or supervisors. The state 
treasurer shall credit all moneys received under the provisions of this 
act to the fund designated the Teachers' Insurance and Retirement Fund. 
S. B. 59, 1919. 

Sec. 1514. PENALTY FOR FAILURE TO REPORT AND TRANSMIT 
FUNDS.] No city, village, town or school district shall share in the 
apportionment of the state tuition fund for any year, unless it has made 
the report as herein provided and paid over to the state treasurer for 
the teachers' insurance and retirement fund such per centum as pro- 
vided In Section 1504 of the total sum paid in wages to such teachers 
as come under the provisions of this act, and also the portion of the 
county tuition fund described in Section 1515. 

Sec. 1515. FUND TO BE SET ASIDE FROM COUNTY TUITION FUND 
AND TRANSMITTED TO STATE TREASURER.] Each county treasurer 
shall annually set aside from the county tuition fund a sum equal to 
ten cents for each child of school age in his county and shall transmit 
this sum to the state treasurer in the same manner that others are 



242 GENERAL SCHOOL LAWS 

transmitted to the state treasurer at the same time that he transmits 
the funds received from the school boards and the boards of county 
commissioners in accordance with Section 1513, and shall certify under 
oath to the board of trustees of the teachers' insurance and retirement 
fund the amount so transmitted to the state treasurer. The state treas- 
urer shall credit all moneys received in accordance with this section 
to the fund designated as the teachers' insurance and retirement fund. 
Chap. 140, p. 178, 1915. 

Sec. 1516. NAME OF FUND.] The moneys received by the state 
treasurer under the provisions of Sec. 1513 and 1515 of this act, together 
with donations or legacies received therefor, or moneys received from 
any legal source of increment, shall constitute a fund to be known 
as the "teachers' insurance and retirement fund." 

Sec. 1517. Any teacher coming from schools or state institutions not 
included in the provisions of this article, shall pay assessments for 
said years of service in such schools or state institutions, as provided 
in Section 1504, based upon his or her first annual salary in said public 
schools of the state or state institutions of the state, together with the 
regular assessments as provided in See+ion 1504, before receiving any 
retirement annuity. S. B. 59, 1919. 

Sec. 1518. Any teacher who may be teaching in said public schools 
or state institutions and who has complied with the provisions of these 
sections, may retire and receive the annuity provided for in the fol- 
lowing cases: 

1. After a period or periods aggregating twenty-five years of service 
as teacher, of which eighteen years, including the last five, must have 
been spent in public schools of this state or state institutions of this 
state, provided that payment by said teacher to the fund shall have 
amounted to a sum as provided in Section 1504. If said payments shall 
not have amounted to said sum, the teacher shall pay into the fund 
the deficiency before receiving said annuity. 

2. After fifteen years of service as teacher in the public schools of 
this state or the state institutions of this state, when said teacher 
suffers from a permanent mental or physical disability to be determined 
by said board after an examination by two physicians appointed by 
said board, provided that payment by said teacher to the fund shall 
have amounted to a sum as provided in Section 1504. If said payments 
shall not have amounted to said sum, the teacher shall pay into the 
fund the deficiency before receiving the annuity. The examination fees 
of such physicians shall be paid by said applicant. S. B. 59, 1919. 

Sec. 1519. LEGAL SCHOOL YEAR DEFINED.] In computing the 
terms of service under Section 1518, a year shall be a legal school year 
at the time and place where said service was rendered, except that 
where the service was rendered in schools not included within the pro- 
visions of this act, a time less than a legal school year in this state 
shall not be included as a year, but only as such proportion of a 
year as the number of teaching weeks in each such year bears to the 



STATE OF NORTH DAKOTA 243 

number of weeks required at the time to constitute a legal school year 
in this state. 

Sec. 1520. Any person who has complied with the provisions of this 
article, and desires to retire from active service in said public schools 
or state institutions, shall apply in writing to the board of trustees 
of the Teachers' Insurance and Retirement Fund. S. B. 59, 1919. 

Sec. 1521. Each teacher retiring from the service of said public 
schools or state institutions, under the provisions of Section 1518 shall 
annually and for life be entitled to receive as annuity a sum equal to one 
annually and for life be entitled to receive as annuity a sum equal to 
one-fiftieth of his or her annual salary for the last five years of service, 
multiplied by the whole number of years of service as teacher; pro- 
vided, however, that his said annuity shall not exceed $750.00 in any 
one year or be less than $350.00 in any one year, subject, however, to 
all the provisions of this article. S. B. 59, 1919. 

Sec. 1522. TRUSTEES MAY RATABLY DIMINISH ANNUITIES.] The 
board of trustees may ratably reduce the annuities provided in this act, 
whenever in the judgment of the board the condition of the fund shall 
require such reduction. 

Sec. 1523. Any teacher who- shall cease to teach in said public schools 
or state institutions before receiving any benefit or annuity from the 
fund shall, if application be made in writing to the board of trustees 
within eighteen months after the date of his or her resignation, be 
entitled to the return of one-half of the amount, without interest, which 
shall have been paid into the fund by such teacher. If such teacher 
should again thereafter teach in said public schools or state institu- 
tions, he or she shall, within one year from the date of his or her 
return to the service of said public schools or state institutions, refund 
to said fund the amount so returned to said teacher, together with 
simple interest on said amount (but not to exceed four per cent per 
annum) for the time said amount was withdrawn from the fund. 

Sec. 1524. The state treasurer shall pay said annuities quarterly, in 
September, December, March and June of each year upon the warrants 
of the state auditor issued upon the certificates of the president or 
secretary of the said board. No payments shall be made prior to 
September, 1921, to any teacher employed in any state institution. S. B. 
59, 1919. 

Sec. 1525. ANNUITIES PAID FROM INTEREST AND PRINCIPAL.] 
Payments from the fund shall be made from the income thereof and 
in addition thereto, when necessary, from the principal of moneys re- 
ceived under Sections 1513 and 1515. 

Sec. 1526. ANNUITIES TO CEASE UPON RESUMPTION OF TEACH- 
ING.] Any person retiring under these sections may again enter upon 
the work of teaching in said public schools; during said term of teach- 
ing the annuity paid to such person shall cease. Said annuity shall 
again be paid to said person upon his or her further retirement. 

Sec. 1527. ANNUITIES NOT SUBJECT TO LEGAL PROCESS.] The 
annuities so created shall not be subject to attachment, garnishment, 



244 GENERAL SCHOOL LAWS 

execution, or other seizure on [or] process, nor shall they be subject 
to sale, assignment, pledge, mortgage, or other alienation. 

Sec. 1528. TEACHER.] The term "teacher" as used in this article, 
shall include all persons employed in teaching by any city board of 
education, school board, or other managing body of any city, town, 
village, or rural school district in this state, and all the superintendents 
and assistant superintendents of said schools, including state and county 
superintendents and their assistants, all supervisors of instruction, all 
state school inspectors or supervisors, all principals and assistant prin- 
cipals and special teachers of said schools, and all persons employed 
in teaching in any state institution and all superintendents and assistant 
superintendents of state institutions, and all supervisors of instruction, 
and all principals and assistant principals and special teachers of such 
institutions, and every person engaged as president of any such insti- 
tution; provided, however, it shall not include persons connected with 
any professional school or college of such state institution as lecturers, 
who are engaged in the practice of their respective professions and 
with whom teaching is merely an avocation. 

STATE INSTITUTION.] The term "state institution" as used in this 
article shall include the State University of North Dakota, State Agri- 
cultural College, County Agricultural and Training Schools, State Nor- 
mal Schools, State School of Forestry, State School of Science, North 
Dakota School for the Blind, North Dakota School for the Deaf, State 
Institution for Feeble Minded, and State Training School. Approved 
March 5, 1919. 

DIGESTS OF SUPREME COURT DECISIONS. 

STATE OF NORTH DAKOTA, EX REL. JOHN A. HAIG ET AL. v. A. E. 

HAUGE, AS COUNTY TREASURER OF RANSOM COUNTY. 

1. Section 1515 of the Compiled Laws as amended by chapter 140 of 
the Laws of 1915, which provides that each county treasurer shall set 
aside from the county tuition fund and transmit to the state treasurer 
a sum equal to 10 cents for each child of school age in his county, 
and that state treasurer shall credit such money to the teachers' insur- 
ance and retirement fund, is not unconstitutional or violative of the 
provisions of section 175 of article 11 of the Constitution of North 
Dakota, which provides that "no tax shall be levied in pursuance of 
law, and every law imposing a tax shall state distinctly the object of 
the same, to which only it shall be applied." 

2. A tax which is levied for the purpose of pensioning the public 
school teachers of a state is not unconstitutional nor in conflict with 
section 185 of article 12 of the Constitution of North Dakota, which 
provides that "neither the state nor any county, city, township, town, 
school district or any other political subdivision shall loan or give its 
credit or make donations to or in aid of any individual, association or 
corporation, except for necessary support of the poor." 

3. A subsequent authorization by the legislature of the use of a 
portion of a tax levied for general school purposes to aid in the creation 



STATE OF NORTH DAKOTA 245 

of a teachers' pension fund is germane to the general purposes for 
which the tax was originally authorized, and it not in violation of sec- 
tion 175 of the Constitution of North Dakota, which provides that "no 
tax shall be levied except in pursuance of law, and every law imposing 
a tax shall state distinctly the object of the same, to which it shall be 
applied." 

4. An exact enumeration of all of the items of expenditures to which 
the revenues of the state may be applied is not required by section 175 
of the Constitution of North Dakota. 

5. There is no constitutional requirement in North Dakota that taxes 
levied for a general public purpose must be expended and disbursed in 
the taxing district in which they are collected, and no valid objection 
can be made to a state teachers' pension fund on account of the fact 
that the taxes are collected generally throughout the state and the pen- 
sions are not always paid to teachers who reside in the county or district 
where the tax is paid or collected. 

6. The establishment of a state teachers' pension fund is a public 
purpose and enterprise, and within the power of the state legislature. 
37 N. D. 583. (Opinion filed July 28, 1917.) 



246 GENERAL SCHOOL LAWS 



Division 6. — State Oversight and Control. 



CHAPTER 21.— THE STATE AND THE CHILD. 

ARTICLE 73.— THE SCHOOL CENSUS. 
Sec. 1195. ANNUAL ENUMERATION IN COMMON SCHOOL DIS- 
TRICTS.] The school board shall cause an enumeration to be made be- 
tween the first and twentieth day of June of each year, of all unmar- 
ried persons of school age, being over six and under twenty-one, having 
their legal residence in the district, giving the names and ages of such 
persons and the names of parents and guardians having the care and 
custody of each; also the name and age of each deaf and dumb, blind, 
and feeble minded person between the ages of five and twenty-five 
years, residing in the district, including all such persons as may be too 
deaf or feeble minded to acquire an education in the common schools, 
an(^ the names and post-office address of the parents or guardians of 
such persons. The enumeration shall be made upon and in accordance 
with the blanks furnished thei-efor by the county superintendent, and 
shall be returned to the county superintendent prior to the tenth day of 
July. 

Sec. 1214. NOT ENTITLED TO TUITION FUND. WHEN- ENUM- 
ERATION.! No school district shall be entitled to receive any portion 
of the state tuition fund that fails to make a repoi't of the enumeration 
of the children of school age in the manner provided by law, nor until 
the enumeration has been taken and reported ds required by law. The 
county superintendent is empowered to withhold the payment of county 
tuition fi'om any district whose officers have failed to make the reports 
required by law; and, further, the county superintendent shall not 
authorize the payment of money apportioned to any district unless the 
bond and oath of the treasurer of such district has been duly approved 
and filed as provided by law- 
Sec. 1215. ENUMERATION IN NEW DISTRICTS.] New districts 
organized after the annual enumeration has been taken shall proceed 
immediately to talte the enumeration as provided by law, and after the 
receipt of such enumeration by the superintendent of public instruction 
through the county superintendent, the newly organized district shall 
receive its proportionate share of the funds to be apportioned. 

Sec 1251. SPECIAL DISTRICTS-] Each board of education shall 
have the power and it shall be its duty: 

15. To cause an enumeration to be made annually, of the children of 
school age within such special district, including those residing in any 



STATE OF NORTH DAKOTA 247 

territory thereto attached for school purposes, as provided for other 
school districts, and return the same to the county superintendent. 

Sec 1196. A copy of the enumeration of such deaf and dumb persons 
shall be furnished the superintendent of the school for the deaf; a copy 
of the enumeration of such blind persons shall be furnished to the super- 
intendent of the school for the blind; and a copy of the enumeration 
oi* such feeble-minded persons shall be furnished the superintendent of 
the institution for the feeble-minded, by the county superintendent im- 
mediately upon the receipt of the same. A copy of such enumeration 
shall also be kept in the office of the district clerk. 

ARTICLE 74.— COMPULSORY EDUCATION AND MEDICAL INSPEC- 
TION. 
Section 1342. SCHOOL AGE. WHO EXEMPT FROM COMPULSORY 
ATTENDANCE.] Every parent, guardian or other person w^ho resides 
in any school district or city and who has control over any child of or 
between the ages of the seventh and fifteenth birthdays, shall send or 
take such child to a public school in each year during the entire time 
the public schools of such district or city are in session; and every 
parent, guardian or other person having control over any deaf, blind 
or feeble-minded child or youth between the ages of seven and twenty- 
one years of age shall be required to send such deaf child to the school 
for the deaf at the City of Devils Lake for the entire school year unless 
excused by the superintendent or principal of such school, such blind 
child to the school for the blind at Bathgate for the entire school year 
unless excused by the superintendent or principal of such school, and 
such feeble-minded child to the institution for the feeble-minded at 
Grafton; provided, that such parent, guardian or other person having 
control of any child shall be excused from such duty by the school 
board of the district or by the board of education of the city or village 
whenever it shall be shown to their satisfaction, subject to appeal as 
provided by law, that one of the following reasons therefor exists: 

(1) That such child is taught for the same length of time In a paro- 
chial or private school approved by the county superintendent of schools 
subject to appeal to (he superintendent of public instruction; that no 
school shall be approved by the county superintendent of schools or 
superintendent of public instruction unless the branches usually taught 
in the public schools are taught in such schools. 

(2) That such child has already acquired the branches of learning 
taught in the public schools; provided, that in case the eighth grade is 
not completed, such child shall attend school, if necessary until the 
seventeenth birthday is reached. 

(3) That such child is actually necessary to the support of the family 
as determined by the state's attorney, subject to appeal. 

(4) That such child is in such physical or mental condition (as de- 
clared by a licensed physician, if required by the board) as to render 
such attendance inexpedient or impracticable. 

If no school is taught the required length of time within two and one- 



24S GENERAL SCHOOL LAWS 

quarter miles from the residence of such child, by the nearest route, the 
school board or board of education shall, except in cases of consolidated 
schools, pay for transportation a sum of not less than twenty-five cents 
(25c) nor more than fifty cents (50c) per day to any one family living 
more than two and a quarter miles from the nearest school, which shall 
be equitably based upon the distance traveled and the number of children 
from each family, or the board shall furnish transportation, or the 
equivalent in lodging, if acceptable to the family; and when such trans- 
portation is furnished, the compulsory attendance law shall apply to all 
children of school age living more than two 'and one-quarter miles and 
not to exceed six miles from school; provided, that the provisions for 
transportation shall not apply to deaf, blind, and feeble-minded children 
in this state, and this section shall not be construed to apply to parents, 
guardians, or other persons having control of any child or children of 
compulsory school age. who desire to send such child or children for a 
total period of not exceeding six mouths, which may be taken in one or 
more years, to any parochial school for the purpose of preparing such 
child or children for certain religious duties. It shall be the duty of the 
clerk of the school board to inchide in his annual statement an item set- 
ting forth the amount spent for transportation of pupils. 

Sec. 1344. PENALTY.] Any such pai"ent. guardian or other person 
failing to comply with the requirements of the foregoing sections, shall 
upon conviction thereof be deemed guilty of a disdemeanor. and shall 
bt' fined in a sum not less than five nor more than twenty dollars for 
the first offense and not less than ten dollars nor more than fifty dol- 
lars for the second and every subsequent offense, with costs in each 
case. 

Sec. 1345. PROSECUTION FOR NEGLECTING THIS DUTY.] It 
shall be the duty of the superintendent or principal of schools in any 
city, town or village, or the teacher of any district school, or the county 
superintendent of schools for children that are deaf, blind or feeble- 
minded, to inquire into all cases of negligence of the duty prescribed 
in this article and to ascertain from the person neglecting to perform 
such duty the reason therefor, if any. and in common school districts 
notify the county superintendent of schools of such neglect; the taid 
county superintendent, upon proper xiresentation of facts, shall lay the 
complaint befoi'o the state's attorney, whose duty it will be to proceed 
forthwith to secure the prosecution for any offense occurring tinder 
this article. In special or independent district* the superintendent or 
principal of schools shall lay the complaint before the state's attorney 
who shall proceed as above: provided, further, that the board of edu- 
cation or district school board in any city or school district of over fire 
hundred inhabitants may employ a truant officer who shall perform 
the duties implied in this section. 

ARTICLE 75.— CHILD LABOR. 

Sec. 1404. WHEN CHILDREN MUST NOT WORK.] No child un- 
der fourteen year% of age shall be employed, permitted or suffered to 
work in or in connection with any mine, factory, workshop, mercanttle 



STATE OF NORTH DAKOTA 249 

establishment, store, business office, telegraph office, restaurant, hotel, 
apartment house or in the distribution or transmission of merchandise 
or messages. It shall be unlawful for any person, firm or corporation 
to employ any such child under fourteen yearg of age in any business 
or service whatever, during the hours when the public schools of the 
district in which the child resides are in session. 

Sec. 1405. EMPLOYMENT OF CHILD UNDER SIXTEEN YEARS.] 
No child between fourteen and sixteen years of age shall be employed, 
permitted or suffered to work in any mine, factory, workshop or mer- 
cantile establishment unless the person or corporation employing him 
procures and keeps on file, and accessible to the superintendent of 
schools of the city or village, if one is employed, otherwise, to the clerk 
of the school board or board of education, an employment certificate 
as hereinafter prescribed, and keeps two complete lists of all such chil- 
dren employed therein, one on file and one conspicuously posted near 
the principal entrance of the building in which such child is employed. 
On termination of the employment of a child so registered and whose 
certificate is so filed, such certificate shall be forthwith surrendered by 
the employer to the child or its parent, guardian or custodian. The 
superintendent of schools or clerk of the school board of board of edu- 
cation, as the case may be, may make demand on an employer in whose 
factory a child apparently under the age of sixteen years is employed or 
permitted or suffered to work and whose employment certificate has 
not been filed as required by this act, that such employer either furnish 
him within ten days evidence satisfactory to him that such child is in 
fact over sixteen years of age, or shall cease to employ or permit or 
suffer such child to work in such factory. The superintendent of schools 
of the city or village or clerk of the school board or board of education 
may require from such employer the same evidence of age of such 
child as is required on the issuance of an, employment certificate; and 
the employer furnishing such evidence shall not be required to furnish 
any further evidence of the age of the child. In case such employer 
shall fail to produce and deliver to the superintendent of schools of the 
city or village or the clerk of the school board or board of education, 
as the case may be, within ten days after such demand, such evidence 
of age herein required by him, and shall thereafter continue to employ 
such child or permit or suffer such child to work in such factory, proof 
of the giving of such notice and of such failure to produce and file such 
evidence shall be prima facie evidence in any prosecution brought for 
a violation of this act that such child is under sixteen years of age and 
is unlawfully employed. 

Sec. 1406. WHO AUTHORIZED TO ISSUE EMPLOYMENT CER- 
TIFICATES.] The superintendent of schools of the city or village, if 
one is employed, and if not then the clerk of the school board or board 
of education, is hereby authorized to issue an employment certificate in 
writing, such certificate is to be issued upon the evidence prescribed in 
section four of this act: provided, that no employment certificate shall 



250 GENERAL SCHOOL LAWS 

be issued for any child then in or about to enter his own employment 
or the employment of a firm or corporation of which he is a member, 
officer or employee. 

Sec. 1407. EMPLOYMENT CERTIFICATE, ON WHAT ISSUED-] 
The person authorized to issue employment certificate shall not issue 
such certificate until he has received, examined, approved and filed the 
following papers duly executed: 

1. The school record of such child properly filled out and signed as 
provided in this act. 

2. A passport or duly attested transcript of the certificate of birth or 
baptism or other religious record, showing the date and place of birth of 
such child. A duly attested transcript of the birth certificate filed ac- 
cording to law with a registrar of vital statistics, or other officer charged 
v/ith the duty of recording births, shall be conclusive evidence of the age 
of such child. 

3. The affidavit of the parent or guardian or custodian of a child, 
which shall be required, however, only in case such last mentioned 
transcript of the certificate of birth be not produced and filed, showing 
the place and date of biith of such child, which affidavit must be taken 
before the officer issuing the employment certificate, who is hereby 
authorized and required to administer such oath, and who shall not de- 
mand or receive a fee therefor. Such employment certificate shall not 
be issued until such child has personally appeared before and been ex- 
amined by the officer issuing the certificate, and until such officer shall, 
after making such examination, sign and file in his office a statement 
that the child can read and legibly write simple sentences in the Eng- 
lish language and that in his opinion the child is fourteen years of age 
or upwards, and has reached the normal development of a child of its 
age, and is in sound health and is physically able to perform the work 
which it intends to do. In doubtful cases such physical fitness shall 
be determined by a medical officer of the board or department of 
health. Every such employment certificate shall be signed, in the pres- 
ence of the officer issuing the same, by the child in whose name it Is 
issued. 

Sec. 1408. CONTENTS OF CERTIFICATES.] Such certificates 
shall state the date and place of birth of the child and describe the color 
of the hair and eyes, the height and weight and any distinguishing 
marks of such child, and that the papers required by the preceding sec- 
tion have been duly examined, approved and filed and that the child 
named in such certificate has appeared before the officer signing the 
certificate and been examined- 

Sec. 1409. SCHOOL RECORD.] The school record required by this 
act shall be signed by the principal or chief executive officer of the 
school which such child has attended and shall be furnished, on demand, 
to a child entitled thereto. It shall contain a statement certifying that 
the child has regularly attended the public schools or schools equivalent 
thereto or parochial schools for not less than one hundred and twenty 



STATE OF NORTH DAKOTA 251 



days during the school year previous to his arriving at the age of four- 
teen years or during the year previous in applying for such school rec- 
ord and is able to read and write simple sentences in the English lan- 
guage and has received during such period instruction in reading, spell- 
ing, writing, English grammar and geography and is familiar with the 
fundamental operations of arithmetic up to and including fractions. Such 
school record shall also give the age and residence of the child as shown 
en the records of the school and the name of its parent, guardian or 
custodian. 

Sec 1410. HOURS OF LABOR.] No person under the age of six- 
teen years shall be employed or suffered or permitted to work at any 
gainful occupation more than forty-eight hours in any one week, nor 
more than eight hours in any one day; or before the hour of seven 
o'clock in the morning or after the hour of seven o'clock in the evening. 
Every employer shall post in a conspicuous place in every room where 
such minors are employed a printed notice stating the hours required 
of them each day of the week, the hours of commencing and stopping 
work anJ the hours when the time or times allowed for dinner or for 
other needs begin and end. The printed form of such notice shall be 
furnished by the superintendent of schools of the city or village, or the 
clerk of the school board or board of education, and the employment of 
any minor for longer times in any day so stated shall be deemed a 
violation of this section. 

Sec. 1411. PEACE OFFICERS TO INSPECT PLACES OF WORK.] 
Peace officers may visit mines, factories, workshops and mercantile es- 
tablishments in their several towns and cities and ascertain whether 
any minors are employed therein contrary to the provisions of this act; 
and it shall be their duty to report any cases of such illegal employ- 
ment to the school board or board of education. Such officer may re- 
quire that the employment certificates and lists provided for in this act 
of minors employed in such factories, mines, workshops or mercantile 
establishments shall be produced for their inspection. Complaints for 
offenses under this act may be made by such peace officer or by any 
other person cognizant of the facts. 

Sec. 1412. FORBIDDEN EMPLOYMENTS.] No child under the age 
of sixteen years shall be employed at sewing belts or to assist in sew- 
ing belts, in any capacity whatever, nor shall any child adjust any belt 
to any machinery, they shall not oil or assist in oiling, wiping or clean- 
ing machinery; they shall not operate or assist in operating circular or 
band saws, wood shapers, wood-joiners, planers, sand-paper or wood 
polishing machinery, emery or polishing wheels used for polishing metal, 
wood-turning, or boring machinery, stamping machines in sheet metal 
and tinware manufacturing, stamping machines in washer and nut fac- 
tories, operating corrugating rolls, such as are used in roofing factories, 
nor shall they be employed in operating and steam boiler, steam ma- 
chinery, or other steam generating apparatus, or as pin boys in any 
bowling alleys; they shall not operate or assist in operating dough 



252 GENERAL SCHOOL LAWS 

brakeSf or cracker machinery of any description; wire or iron straighten- 
ing machinery; nor shall tliey operate or assist in oi)erating rolling mill 
machinery, punches or shears, washing, grinding or mixing mill or 
calendar rolls in rubber manufacturing; nor shall they operate or assist 
in operating laundry machinery; nor shall children be employed in any 
capacity in preparing any composition in which dangerous or poisonoui 
acids are used, and they shall not be employed in any capacity in the 
manufacture of paints, colors or white lead; nor shall they be employed 
in any capacity whatever in operating or assisting to operate any pas- 
senger or freight elevator; nor shall they be employed in any capacity 
whatever in the manufacture of goods for immoral purposes, or any 
other employment that may be considered dangerous to their lives or 
limbs, or where their health may be injured, or morals depraved: nor 
in any theatre, concert hall, or place of amusement wherein intoxicating 
liquors are sold; nor shall females under the age of sixteen years be em- 
ployed in any capacity where such employment compels them to remain 
standing constantly. 

Sec. 1413. PENALTY.] Each owner, superintendent, manager or 
overseer of any mine, factory, workshop or mercantile establishment, 
and any other person who shall employ any child contrary to the pro- 
visions of this act or who shall in any manner violate the provisions 
thereof, shall be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be fined for each offense in a sum not less than twenty 
dollars nor' more than fifty dollars and costs- Each person authorized 
to sign a cretificat.e as prescribed in the preceding section who certifies 
to any material false statement therein shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof, shall be fined not less than 
twenty dollars nor more than fifty dollars and costs. 

Sec. 1414. PROSECUTION, HOW BROUGHT-] Prosecution under 
this act shall be brought in the name of the state of North Dakota before 
any court of competent jurisdiction, and the fines collected shall be 
paid over to the county treasurer and by him credited to the school 
funds of the state. 

ARTICLE 76.— STATE PROTECTION OF THE CHILD. 

CHILDREN TRESPASSING ON RAILROAD PROPERTY. 
(Chapter 206, page 310, 1915) 

Sec. 1. APPROACHING CARS OR ENGINES.] No person under 
fifteen years of age, unless accompanied by parent or guardian, not 
having business with the railroad company requiring him so to do, shall 
approach closer than ten feet to any engine, car, train or other rolling 
stock upon the tracks or in the yards, bridges or terminals of any rail- 
way company in this state. 

Sec. 2. ENTERING PREMISES OF RAILROADS.] No person un- 
der fifteen years of age, unless accompanied by parent or guardian, 
shall enter any round house, shops, yards or bridges upon the railway 
tracks, the right-of-way or other places of danger owned by railway 



STATE OF NORTH DAKOTA 253 

companies within the state unless such minor has business calling him 
to such places. 

Sec. 3. NOTICES POSTED-] Every railway company in, this state 
shall post in conspicuous places upon its round houses, shops and other 
dangerous places suitable placards and signs warning trespassers under 
this act having no immediate business with such railway company to 
keep off their premises. 

Sec. 4. AGENTS, PEACE OFFICERS.] The station agents of rail- 
way companies, while on duty in this state as such agents, are hereby 
invested with the authority of peace officers of the state. They may 
arrest such minors for playing or trespassing on the right-of-way or 
premises of such railway companies; such arrests, however, shall not 
be made by such agents unless the railway company has complied with 
the provisions of this act relating to the posting of notices, warnings, 
signs and placards. Agents acting as peace officers shall not receive 
any fee for arrests made according to the terms of this act. If any 
station agent makes arrests contrary to the provisions of this act, his 
principal, upon conviction, shall be liable to the person arrested in dam- 
ages for false imprisonment. 

Sec. 5. LIABILITY OF RAILWAYS-] Provided, nothing in this 
act shall be construed as diminishing in any way the liability of rail- 
road companies in case of accident. 

Sec 6. PENALTY.] Any person violating any of the provisions of 
this act shall be deemed guilty of a misdemeanor and shall be punished 
by a fine of not less than one dollar nor more than five dollars. 
SALE OF CIGARETTES AND TOBACCO TO CHILDREN. 

Sec 1- FORBIDDEN.] Any person within the state who manufac- 
tures, sells or gives to any one, or uses any cigarette containing any 
substance foreign to tobacco, shall be punished by a fine of not more 
than fifty dollars or imprisonment in a county jail for not more than 
thirty days. 

Sec. 2. PARENTS ORDER REQUIRED.] Any person within this 
state who sells, gives to or in any way furnishes any cigarette, cigars 
or tobacco, in any form to any person under eighteen years of age, ex- 
cept upon written order of parent or guardian, or to any minor pupil in 
any school, college or university, shall be punished by a fine not to ex- 
ceed fifty dollars or imprisonment in the county jail not to exceed thirty 
days for each offense. 

Sec. 3. MINORS MAY BE ARRESTED.] Any person under eight- 
een years of age, or any minor pupil, as described in section two of this 
act, who shall smoke or use cigarettes, cigars or tobacco in any form 
on any public highway, street, alley, park or other lands used for pub- 
lic purposes, or in any public place of business, shall be arrested by any 
officer of the law, who may be cognizant of such, offense and it shall 
be the duty of all such officers, upon complaint of any citizen, to arrest 
such offenders, without warrant, and take them before the proper court. 
The court shall impose a punishment at its discretion, in a sum not to 



254 GENERAL SCHOOL LAWS 

exceed ten dollars, or imprisonment in the county jail not to exceed five 
days for each offense; provided, if said minor person shall give infor- 
mation which may lead to the arrest of the person or persons violating 
the provisions of section two of this act. in giving to, selling or in any 
way furnishing said minor person tobacco, and shall give evidence as a 
witness in such proceedings againsnt said party or parties, the court 
shall have power to suspend sentence against such minor person. 

Sec. 4. HARBORING MINORS.] Any person who harbors or grants 
1o persons under eighteen years of age, or to minor pupils as described 
in section two of this act, privilege of gathering upon or frequenting 
any propei'ty or lands held by him. for the purpose of indulging in the 
use of cigarettes, cigars, or tobacco in any form, shall be held in the 
same penalty as provided for in section two of this act; provided, that 
no part of this act shall be construed as to interfere with the rights of 
parents or lawful guardians in the rearing and management of their 
minor heirs or wards, within the bounds of their own private premises. 

Sec 5. RELATION OF PEACE OFFICERS.] Grand juries and 
states attorneys shall have full inquisitorial powers over offenses com- 
mitted under this act. 

Sec 6. REPEAL.] All acts and parts of acts inconsistent with the 
provisions of this act are hereby repealed. 

ARTICLE 77.— ORPHANAGES AND THE CARE OP THE POOR. 

Sec. 5100. FORMATION OF CHILDREN'S WELFARE SOCIE- 
TIES.] Whenever not less than twenty reputable citizens of the state 
of North Dakota have or shall associate themselves into a corporation 
under the laws of the state, for the purpose of securing homes for or- 
phans or for homeless, abandoned and neglected or grossly ill-treated 
children, by adoption or otherwise, into private families, have or shall 
file with the secretary of state their articles of incorporation, together 
with a certificate signed by the governor and three or more members 
of the supreme court of the st^te of North Dakota, of their confidence 
in the trustworthiness of said corporation for said purposes, said cor- 
poration shall have power to receive such children for the purposes above 
expressed, in the manner herein specified, provided, that at the end of ten 
years said power shall cease, unless a new certificate as provided above, 
signed by at least three members of the supreme court of North Da- 
kota, shall be filed as above, and such certificates shall be filed every 
ten years during the continuance of such society. Such society shall 
have a main office and adopt rules for the transaction of business, which 
shall be published and its financial records shall bo open to the inspec- 
tion of the public. ***** (Note — The same subject matter 
treated up to section 5110) 

Sec. 5109. DEPENDENTS. CARED FOR A^ PUBLIC EXPENSE. 
DUTY OF COUNTY COMMISSIONERS. Any minor child under the 
age of sixteen years who shall by reason of the failure of either or 
both of its parents or its custodians to support such child becomes de- 



STATE OF NORTH DAK:0TA 256 

pendent upon public charity, or who may be deserted by its parent or 
parents or custodians without arrangements for its proper care, shall 
be deemed abandoned, and may be cared for at public expense by the 
overseers of the poor, or assigned by the county commissioners as over- 
Beers of the poor, and with the wi-itten consent of the county judge under 
the seal of his office, to any reputable organization incorporated under 
th(^ laws of North Dakota for the purpose of placing such children in 
family homes for adoption or otherwise; provided, that in such cases the 
consent of either parent or custodian shall not be necessary. The com- 
missioners may} in their discretion allow and pay to such incorporated 
organization a reasonable amount to corer the expense of such assign- 
ment. 

Sec. 5110. CHILD DEEMED ABANDONED, WHEN-J Any minor 
child under the age of sixteen years who shall have been left for board 
with any reputable organization incorporated under the laws of North 
Dakota for the care and placing of children, and whose board shall not 
have been paid for a period of three months without a reasonable ex- 
cuse, and the residence of whose legal custodians shall not be known 
to such organization or* its officers, shall be deemed abandoned, and 
may upon assignment by the cOunty commissioners as overseers of the 
poor, with the written consent of the county judge under the seal of 
his office, be placed by such organization in a family home for adop- 
tion or upon . contract as may seem to be for the best welfare of the 
child, without the consent of either parent, and as provided for in sec- 
tions 5100-5105. 

Sec 2532. MAY BIND OUT POOR CHILDREN.lThe overseers of 
the poor shall bind out such poor children as fall under their care and 
charge from time to time; and the overseer shall see that the children 
so bound out are properly treated by the persons to whom they are 
bound, and take legal means of redress in case of maltreatment. 

Sec. 2536. CHILDREN SHALL BE EDUCATED.]Whenever it shall 
be necessary and practicable, poor children of the asylum who cannot 
be bound out or whom it may not be expedient to bind out as appren- 
tices, shall be educated thereat. 

Sec. 2537. SUPERINTENDENCE OF THE EDUCATION OF CHIL- 
DREN.] The superintendent shall superintend and direct the education 
of such poor children and send them to any common school within the 
county, during the continuance of its session. 

Sec 4480. INDENTURE MUST STATE AGE.] In every indenture 
of apprenticeship the age of the apprentice must be stated, and such 
Etatement is presumptive evidence thereof; and before an officer exe- 
cutes an indenture or consents thereto, he must inform himself of the 
age of the apprentice. 

Sec 4481. CONSIDERATION.] If there is any pecuniary consid- 
eration for an indenture of apprenticeship on either part it must be 
stated therein. 

Sec. 4482. EDUCATION REQUIRED-] The indenture shall algo 



256 GENERAL SCHOOL LAWS 

contain an agreement on the part of the person to whom such child shall 
be bound, that he will cause such child to be instructed to read and 
write and to be taught the general rules of arithmetic or, in lieu thereof, 
that he will send such child to school thi*ee months of each year of the 
period of indenture; and that he will give him a new Bible at the ex- 
piration of his term of service. 

DIGESTS OF SUPREME CO JET DECISIONS. 
STATE EX REL IDA KOL VS. THE NORTH DAKOTA CHILDREN'S 

HOME SOCIETY. 

STATUTE— SUBJECT EXPRESSED IN TITLE.] Chapter 87 of the 
Laws of 1897, entitled "An act relating to societies or.t^anized for the 
purpose of securing homes for orphans, or abandoned, neglected or gross- 
ly ill-treated children, by adoption or otherwise, and providing rules for 
the regulation of the same," does not violate Section 61 of the state con- 
stitution, which requires that "no bill shall embrace more than one sub- 
ject which shall be expressed in its title. * * *" It is held 
that said act embraces but one subject, namely, the securing of homes 
for children of the classes named, and such subject is expressed in the 
title of the act. 

CONSTITUTIONAL LAW— PROBATE COURTS— JURISDICTION.] 

Neither does said act conflict with Sec. Ill of the state constitution, 
which, among other things, confers upon county com-ts exclusive original 
jurisdiction in probate matters, the appointment of guardians, and set- 
tlement of their accounts, etc. The duties placed upon county courts by 
said act are not in violation of, but in aid of, their constitutional juris- 
diction over guardians. A children's home society to whose custody 
children have been committed by a county court, occupies the legal rela- 
tion of a substitute or temporary guardian to such children; and, as 
such temporary or substitute guardian, its acts are subject to the ap- 
proval or disapproval of the court making the appointment, and such 
appointment may be revoked as in other guardianships. 

JUDGES— JUDICIAL DUTIES.] It is also held that said act does 
not impose non-judicial duties upon the judges of the supreme court, 
in violation of Sec. 96 of the state constitution. 

HABEAS CORPUS— GUARDIAN OF CHILDREN— HOME SOCIE- 
TY.] The county court of Griggs county, after a judicial investigation 
upon notice, determined that the petitioner for a writ of habeas corpus 
herein, to recover the custody of her three minor children, was leading 
a lewd and immoral life, and that by reason thereof she was an unfit 
person to continue as the natural guardian of said children, and ordered 
them placed in the custody of the North Dakota Children's Home So- 
ciety, located at Fargo. It is held that said court had jurisdiction to 
make such order, and that the same is not void. The present custody 
of said children is therefore legally in the .respondent, and the writ 
prayed for must be denied. 10 N. D. 493. (Opinion filed Dec. 19, 1901.) 



STATE OF NORTH DAKOTA 257 

ARTICLE 78.— JUENILB COURT. 
(Chapter 179, p. 253, 1915.) 

Sec. 1. JUVENILE COMMISSIONER PROVIDED.] In order to 
more fully carry out the provisions of Chapter 177 of the Laws of the 
State of North Dakota for the year 1911, entitled "Juvenile Court," 
(same being Sections 11402 to 1142S, inclusive. Compiled Laws 1913) 
the district judges of the different districts, if in their judgment the 
exigency of the situation requires, shall have the power to appoint some 
suitable and discreet person of either sex of good moral character, as a 
Juvenile commissioner. Said commissioner shall have power to admin- 
ister oaths; take acknowledgments of instruments; receive complaints 
and issue warrants for the arrest of persons thereon; to examine fully 
into the merits of each case; issue subpoenas; compel the attendance of 
witnesses before him, and to report them to the district judge for con- 
tempt proceedings for non-attendance or refusal to be sworn or testify 
as provided by Section 8200 Compiled Laws 1913; to make such temp- 
orary order for the custody and control of the child or children thus 
brought before him, as he may deem proper, and generally have the 
usual powers of a referee as provided by Article VII of Chapter II of 
the Code of Civil Procedure for the trial of civil actions in addition to 
the powers herein specially given. Provided, however, that when in 
the opinion of such commissioner or that of the court a final order for 
the custody or control of such child or children becomes necessary, either 
by sending the same t(J the Reform School or other institution of this 
state; or to deprive the parents of their custody, and giving the same to 
some other persons, either for the purpose of temporary control or 
permanent adoption, it shall be the duty of such commissioner to make 
findings and report the same with his recommendations to the district 
judge, who shall fix a reasonable time and place for hearing, and make 
such final judgment or order in the case as he shall deem proper and 
right. The venue of all complaints shall be in the county where the 
child resides or where the cause for which It is sought to arrest such 
child exists or was committed. All complaints shall be made in the 
name of the state as plaintiff and the child as defendant. The action 
thus brought shall be deemed pending in the district court of such coun- 
ty from the time of filing the complaint in said court until finally dis- 
posed of by the district judge. Final hearings may be had either at the 
county seat of the county where the venue is laid, or in the county where 
the district judge has his permanent chambers, as such judge shall di- 
rect. 

Sec. 2. HEARINGS OF JUVENILE OFFENDERS.] At the hear- 
ings heretofore referred to, whether before the juvenile commissioner or 
court, any parent, guardian or other person showing that they have an 
interest in said proceedings, may appear and be heard upon the merits 
of the case. The court shall have, under this act, authority to appoint 
guardians ad litem who shall have full power to appear for such child 
or children, and consent to their adoption or take such other action as 



258 GENERAL SCHOOL LAWS 

may be deemed best for the temporary as well as permanent interests 
of his said wards; and said courts shall also have all the power with 
reference to the appointment of guardians as is now provided by law 
and especially by Section 7399 Compiled Laws 1913. 

Sec. 3. COMMISSIONER TO KEEP RECORD.l Said juvenile com- 
missioner so appointed shall keep a record of all his proceedings in a 
suitable docket kept for that purpose. All necessary books, blanks, 
place for doing business, stationery and postage for the use of the said 
commissioner in his official business for each county shall be furnished 
at the expense of the respective counties, by the Board of County Com- 
missioners thereof. 

Sec. 4. COMPENSATION OF COMMISSIONER.] Said juvenile 
commissi iviers shall receive as full compensation for their services such 
an amount per diem as shall be approved by the district judge for all 
the time actually and necessarily employed in the duties of their office, 
not in any case exceeding the sum of five dollars per day. Such per 
diem and expenses to be apportioned by said judge between the several 
counties where the work originates or is done. Such compensation to 
be paid monthly by the county ti'easurers of such counties respectively 
on bills duly made out and verified as other bills or accounts against the 
county, and upon an order of the district judge. 

Sec. 6. INTENT OF THE ACT.I The purpose and intent of this 
Act is not to take from the court or judge any power he may now possess, 
but rather to supplement the efficiency of the work of the district court 
or judge by casting upon the juvenile commissioner the labor of caring 
for details and making it only necessary for the judge to act when he 
can or when it becomes necessai*y to exercise a judicial function by try- 
ing a case or making a final order, and to that end said commissionei's 
shall be subject to appointment and removal by the district judge as 
he may deem necessary. 

CHAPTER 22.— THE STATE AND INSTITUTIONAL CARE 
OF DEFECTIVES. 

CARE OF DEFECTIVES 

ARTICLE 79.— SCHOOL FOR DEAF AND DUMB. 

Note: In Laws lOlS. ch. 55 (section 2-lS herein) amending the Laws 
1911, oh. 62. section S, full power to manage, control and govern the school 
for the deaf and dumb, subject only to the provisions of said act of 1911, 
is given to the board of control. The board of trustees for that institution 
Is abolished and the powers of the board are vested in the Board of Control 
in section 244. By the passage of Senate Bill 184, 1919. the powers and 
duties of the Board of Control are turned over to the Board of Adminis- 
tration. 
Sec, 16S0. LOCATION.] The school for the deaf and dumb as lo- 
cated by the constitution at Devils Lake shall continue to be the insti- 
tution for the suppoi-t and education of the deaf and dumb children of 
the state. (See Const. Sec. 215, sub. 5.) 

Sections 1681. 16S2, 16S3, relate to the apportionment, organization, 
meetings and report of the Board of Trustees, superseded by the Board 
of Regents and more recently by the Board of .-Vdministration. 



STATE OF N ORTH DAKOTA 259 

Sec. 1684. DISPOSITION OF MONEYS.] The board shall direct 
the disposition of all moneys appropriated by the legislative assembly 
or received from any other source for the benefit of such institution. 

Sec. 1685. DUTIES OF BOARD.] Such board shall have general 
supervision of the institution, adopt rules for the government thereof, 
employ and fix the salaries of all employes, provide necessaries for the 
institution and perform other duties, not devolving upon the principal 
necessary to render it efficient and to carry out the provisions of this 
article. 

Sec. 1686. INDEBTEDNESS.] The board shall not create any in- 
debtedness against such institution exceeding the amount appropriated 
by the legislative assembly for the use thereof. 

Sec. 1688. FEE FOR NON-RESIDENT CHILDREN.] Deaf and 
dumb children, not residents of this state, of suitable age and capacity, 
shall be entitled to an education in such school on payment to the state 
treasurer of the sum of one hundred and eighty dollars per annum, in 
advance, but such children shall not be received to the exclusion of 
children of this state. 

Sec. 1689, RESIDENTS ENTITLED TO EDUCATION FREE.] 
Each deaf and dumb person, who is a resident of this state, of suitable 
age and capacity, shall be entitled to receive an education in such insti- 
tution at the expense of the state. 

Sec, 1690. ACCOUNTS FOR CLOTHING.] When the pupils of such 
institution are not otherwise provided or supplied with suitable clothing, 
they shall be furnished therewith by the principal, who shall make out 
an account thereof in each case against the parent or the guardian, if 
the pupil is a minor, and against the pupil if he has no parents or guar- 
dian, or if he has attained the age of majority; which account shall be 
certified to be correct by the principal, and when so certified such ac- 
county by mail to the county treasurer of the county from which the 
pupil is supplied shall have come; and such treasurer shall proceed at 
once to collect the amount by suit in the name of his county, if neces- 
sary, and pay the same into the state treasury. The principal shall at 
the same time remit a duplicate of such account to the state auditor, 
who shall credit the same to the account of the school and charge it to 
the proper county; provided, that if it shall appear by the affidavit of 
three disinterested citizens of the county, not of kin to the pupil, that 
such pupil or his parents would be unreasonably oppressed by such suit, 
then such treasurer shall not commence such action, but shall credit 
the same to the state on his books and report the amount of such ac- 
count to the board of county commissioners of his county, which board 
shall levy a sufficient tax to pay the same to the state and cause the 
same to be paid into the state treasury. 

Sec. 1691. TRANSPORTATION OF INDIGENT PERSONS, HOW 
PAID.] The board of county commissioners shall order to be paid the 
expenses of transportation to and from such institution of any indigent 
deaf and dumb children entitled to admission thereto, and they shall at 



260 GENERAL SCHOOL LAWS 

the time of levying other taxes, levy a tax sufficient to reimburse the 
county therefor. In order to avoid long: :ielays in transporting indigent 
children to and from the institution, the principal may. upon corre- 
spondence with the auditor of such county, pay such transportation and 
forward to such county auditor an itemized statement of the expenses. 
The board of county commissioners shall order the county treasurer to 
draw his warrants for such amount in favor of the principal of the in- 
stitution, who shall account for such money as provided by law. 

Sec. 1692. DUTIES OF PRINCIPAL.] The officers of the institu- 
tion shall be a principal and matron. The principal shall be a capable 
person, skilled in the sign langiiage and all the methods in use in educat- 
hig the deaf, and shall have knowledge of the wants and requirements 
of the deaf in their proper training and insti-uction. The principal and 
matron must reside at the institution. The principal shall receive a 
salary of not less than fifteen hundred dollars per annum. The prin- 
cipal shall annually make to the board of trustees a written report stat- 
ing in full the true condition of the educational, the domestic and the 
industrial departments of the institution and his action and proceedings 
therein, which report s-hall be embraced in the report of the trustees to 
the governor. He shall keep and have charge of all necessary records 
and registers of each department and have the supervision of teachers, 
pupils and servants and perform such other duties as the board may 
require. He may i-ecommend and with the approval of the board em- 
ploy all assistants needed therein. He shall have special charge of the 
male pupils, out of school hours, and shall furnish them with employ- 
ment about the premises or in some trade to which they are adapted 
when such trades have been organized and established at the institution 
by the trustees and provision for their maintenance made by the legis- 
lative assembly. The proceeds and products arising from the labor and 
employment of the pupils shall inure to the use and benefit of the in- 
stitution. 

Sec. 1693. DUTY OF MATRON.] The matron of the school shall 
have control of the internal arrangement and management o(f the insti- 
tution and of the female pupils, out of school hours. She shall instruct 
the female pupils in the domestic arts or in some trade to which they are 
adapted, under the direction of the principal. 

Sec. 1694. BOARD TO MAKE BIENNIAL REPORTS.] The board 
of trustees shall on or before the fifteenth day of November preceding 
each regular session of the legislative assembly make a full and com- 
plete report to the governor, showing: 

1. A statement of the financial condition of the institution from the 
date of the last report, giving in detail the amount of moneys received 
from all sources and the amount expended. 

2. The value of real estate and buildings at the date of the last re- 
port and the cost of improvements made, if any, since such report. 

S. The number of pupils in attendance, their names, ages, residences. 



STATE OF NORTH DAKOTA 261 

and cause of deafness; also the number that have entered the institu- 
tion, and the number of those who have left since the last report. 

4. The number and cause of deaths, if any, which have occurred in 
the institution since the last report. 

5. The improvement, health and discipline of the pupils. 

6. The names of the officers, teachers and servants employed. 

7. All other needful information touching such matters as may be 
deemed of interest. 

8. Such recommendations as may be deemed needful. 

Sec. 1695. DISPOSITION OF MONEY RECEIVED.l All money 
that shall arise from the interest received on all moneys derived from 
the sale of lands hereinbefore or that may hereafter be appropriated 
for the school for deaf and dumb, including all money that may be re- 
ceived fi'om the renting of said land and all moneys that may be here- 
after appropriated for the school for the deaf and dumb, by the state 
of North Dakota, including all money raised in any other manner or do- 
nated to said asylum, shall be deposited w^ith the state treasurer to be 
kept by him in a separate fund, vi^hich shall be known as the deaf and 
dumb asylum fund, and be used exclusively for the benefit of said school 
for the deaf and dumb as may be herein or hereafter provided. 

Sec. 1696. BOOKS OPEN.] Every duty and contract to be per- 
formed by said trustees must receive the approval of the majority of 
the board in regular session duly called, in order to make binding and 
valid. All proceedings of said board shall be recorded in a book kept for 
that purpose, and open to the inspection of anybody on request. 

Sec. 1697. ITEMIZED VOUCHERS.l All moneys that may come 
into the treasury of the state of North Dakota, and credited to the school 
for the deaf and dumb, shall be paid out to the persons entitlted thereto 
and the state auditor is hereby directed to draw his warrant on the 
funds in the hands of the state treasurer belonging to the said school 
for the deaf and dumb upon the written order orf the said board of trus- 
tees, which order shall be accompanied by itemized vouchers for the 
full amount of such order; provided, that no such order shall be issued 
until there is cash in the treasury with which to pay the same. 

ARTICLE 80.— THE ASYLUM OF THE BLIND. 

Note: In T.avvs 191.3, ch. 55 (section 243 herein) amending the Laws 
1911, ch. C2, section 8, full power to manage, control and govern the school 
for the deaf and dumb, ."Bubject only to the provisions of said act of 1911, 
is given to the board of control. The board of tru.stees for that institution 
is abolished and the powers of the board are vested in the Board of Control 
in section 214. By the passage of Senate Bill l.'?4, 1919, the powers and 
duties of the Board of Control are turned over to the Board of Adminis- 
tration. 

Sec. 1699. LOCATION AND GOVERNMENT.] There is hereby es- 
tablished and located at Bathgate in Pembina county, a blind asylum, 
which shall be known by the name of the North Dakota Blind Asylum. 

Sections 1700, 1701 and 1702 are concerned with the appointment, or- 
ganization and membership of the Board of Trustees. The duties of 
this board were taken over by the Board of Regents and they have yield- 
ed to the Board of Administration. 



262 GENERAL SCHOOL LAWS 

Sec. 1703. PROCEEDS FROM LAND GRANT.] The thirty thou- 
sand acres of land donated by congress for the purpose of such blind 
asylum and appropriated by the constitution of this state therefor, and 
all moneys i-eceived from the interest and income derived from the sales 
of such lands or rents derived from the leasing of such lands, are hereby 
appropriated for the construction and maintenance of said asylum. 

Sec. 1704. BY-LAWS AND RULES OF REGULATION.] The board 
shall direct the disposition of all moneys appropriated by the legislative 
assembly or the interest on all moneys that may be derived from the 
sale, or the rent derived from the leasing of land donated by congress to 
this stv-ate and by the constitution of the state appropriated for such 
asylum, and shall have supervision and charge of the construction of 
r,ll buildings provided for or authorized by law for said asylum. Said 
board shall have power to enact by-laws and rules for the regulation of 
all its concerns not inconsistent with the laws of this state; to see that 
its affairs are conducted in accordance with the requirements of law; 
lo provide employment and instruction for the inmates; to appoint a 
superintendent, a steward, a matron, a teacher or teachers, and such 
other officers as in its judgment the wants of the institution may re- 
quire, and prescribe their duties; to exercise a general supervision over 
the institution, its officers and inmates, fix the salai-ies to be paid to 
the officers and to order their removal upon good cause. 

Sec. 1705. REPORTS. WHEN MADE.] The board shall make a re- 
port to the governor on or before the last Monday in December next 
preceding each biennial session of the legislative assembly, containing 
a financial statement showing the condition of all funds appropriated 
for the asylum; also the money expended and the purpose for which the 
same was expended in detail; also showing the condition of the institu- 
tion generally. 

Sec. 1707. BOARD OF CONTROL.] Until there shall have been es- 
tablished by law in this state an institution for the care, maintenance 
and instiuction of blind children under school age the board of control 
of state institutions shall have power to provide for such care, main- 
tenance and instruction of such children residing in this state in a suit- 
able institution inside or without the state, in any case where by reason 
of lack of means or other cause the parent or parents of such children 
may be unable to provide care for, maintain and insti'uct them until 
they reach school age. 

Sec. 1708. MAY CONTRACT WITH SUITABLE INSTITUTION.] 
For the purpose of providing such care, maintenance and instruction, the 
said board of control shall have power to contract with any suitable in- 
stitution for the care, maintenance and instruction of such children and 
to provide for their transportation to and from the same. 

ARTICLE SI.— INSTITUTION FOR FEEBLE MINDED. 

Sec. 1709. LOCATION.] There shall be located and permanently 
maintained at or near the city of Grafton, in the county of Walsh, an in- 



STATE OF NORTH DAKOTA 263 

stitution for the feeble minded, upon the grounds conveyed by the Unit- 
ed States of America to the state of North Dakota for that purpose, to 
be known and designated as 'The Institution for Feeble Minded." 

Sections 1710 and 1711 relate to the qualifications and appointment of 
the Board of Trustees. The duties of this board are now performed by 
the Board of Administration and provisions for trustees are repealed. 

Sec. 1712. DUTIES.] Said trustees shall have 'the general manage- 
ment and superintendency of said ins'.itution ; shall prescribe all rules 
and regulations for the government thereof; and the admission of pupils 
thereto, and generally perform all acts necessary to render the said in- 
stitution efficient for the purposes for which the same is established, to- 
■wit: For the relief and instruction of the feeble minded and for the 
care and custody of epileptic and idiotic of the state and they may in- 
troduce and establish such trades and manual industries as in their judg- 
ment will best train their pupils for future self-support. 

Sec. 1713. APPOINTMENT OF SUPERINTENDENT.] Such board 
shall appoint a superintendent of said institution, who shall be a physi- 
cian skilled in caring fftr, and in instructing the class of unfortunates to 
be provided for by this act. Such superintendent shall name all the 
subordinate officers, and such nominations shall be confirmed or reject- 
ed by the board. 

Sec. 1714. WHO ARE ELIGIBLE TO ITS BENEFITS.] All feeble 
minded persons residents of this state, who, in the opinion of the sup- 
erintendent, are of suitable age and capacity to receive instruction in the 
institution for the feeble minded, and whose defects prevent them from 
receiving proper training in the public schools of the state and all idi- 
otic and epileptic persons resident of this state shall receive the benefits 
of the institution subject to the payment of the sums hereinafter pro- 
vided, and to such rules and regulations as may be made by the Board of 
Control; provided, however, that any inmate of such institution shall not 
be removed therefrom except on written request of the parent, guardian 
01 custodian of such inmate which said request must receive the ap- 
proval of the Board of Control and superintendent before such inmate 
can be removed. Feeble minded persons shall be committed to the in- 
stitution for the feeble minded in the same manner and on pursuing the 
same course of legal commitment as govern admission to the State Hos- 
pital for the Insane. Such commitment shall comply with such rules 
and regulations as may be made by the Board of Control, and shall be 
accompanied by the certificate of indigence as provided in Chapter 113 
of the Session Laws of North Dakota, for the year 1915. Chapter 143, 
p. 207, 1917. 

Sec. 1715. INMATE MAY BE DEPORTED, WHEN.] Whenever it 
shall be found by the board of trustees of the institution for the feeble 
minded that the parent or guardian of such inmate, if legally chargeable 
with the support of such inmate, shall have removed from the state and 
become a resident of another state or county, such board shall have au- 
thority to send such inmate, at the expense of the state, to the place 



264 GENERAL SCHOOL LAWS 

where such inmate belongs in every case where place of residence of his 
parent or guardian can be ascertained. The superintendent of such in- 
stitution shall cause such inmate to be conveyed to the place pf his par- 
ent's or guardian's residence, and shall be entitled to be reimbursed in 
the amount of the actual expense theieof out of the state treasury upon 
the presentation of his bill therefor, audited and certified to by the 
board of trustees. There is hereby appropriated out of any moneys in 
the state treasurer's hands, not otherwise appropriated, a sum sufficient 
to carry out the provisions of this gection. 

Sec. 1716. DUTIES OF OFFICERS.] The president shall preside at 
all meetings of the board, when present, and in his absence a president 
pro tempore may be chosen to peiform the, duties of president: He shall 
sign all contracts on behalf of the board and all orders upon the treas- 
urer. The secretary shall countersign all contracts and orders upon 
tiie treasurer and shall keep a correct report of all the proceedings of 
the board, and shall have charge in trust for the institution. of all papers 
and records of the same. Such board shall appoint a treasurer who 
may or may not be one of their number, as they deem best, as provided 
in section 1808. 

Sec. 1717. FEES REQUIRED.] The person legally responsible for 
the support of any person admitted to the institution for the Feeble 
Minded shall pay the sum of fifteen dollars per month during all the 
time such defective person is an inmate of the institution. This amount 
shall be paid to the County Treasurer monthly. If the person liable to 
pay this amount fails or neglects to make payment thereof upon demand 
by the Auditor, the Board of County Commissioners must direct the 
state's attorney to bring an action in the name of the state against such 
person for the recovery of such payments as are delinquent. This ac- 
tion shall be a civil action and shall be brought in the district court of 
the county responsible for the inmate in the Institution of the Feeble 
Minded. If the person liable for the support of such inmate be unable 
to pay such sum, for which inability the certificate of the county judge of 
the county from which said inmate was admitted shall be prima facie evi- 
dence, such sum shall be a charge upon the county and no action shall 
be brought or maintained against a person unable to pay for the support 
of such inmate after the county judge has issued the certificate herein 
provided. Provided, however, that before such certificate of inability to 
pay be issued by the county judge, full and correct answers must be 
given to a property statement, the form of which shall be prepared by 
the State Board of Control, in the same manner as prescribed for the 
admission of patients to the Hospital for the Insane by section 2560 of 
the Compiled Laws for the year 1913; and the correct postoffice address 
of the parent, parents, guardian or next of kin of such feeble minded 
person shall be given. A copy of such property statement and the ad- 
dress of the parent, parents, guardian or next of kin of such feeble 
minded person shall be attached to and made a part of the said certificate 
of the county judge. Chap. 145, p. 209, 1917. 



STATE OF NORTH DAKOTA 265 

Sec. 1719. PAYMENTS, HOW APPLIED.] The superintendent 
quarterly, during the months of January, April, July and October shall 
cover into the state treasury all sums so paid, the same to be accredited 
to the maintenance fund of said institution. 

Sec. 1720. DUTIES OF TRUSTEES.] The board of {.rustees shall 
take and hold in trust for said institution all lands or property hereafter 
granted, given, devised or conveyed to the institution for feeble minded, 
to be applied and used at Grafton, aforesaid, and any moneys now or 
hereafter appropriated or intrusted to said institution may be dra:wn 
at any time from the state treasury upon the order of the board of trus- 
tees, on the presentation of proper vouchers to the state auditor. 

Sec. 1721. OFFICERS TO REPORT.] On or before the first day of 
November, in each even numbered year, or oftener if required, the super- 
intendent, secretary and treasurer shall render to the board of trustees 
full and complete reports, accompanied by such recommendations as may 
seem to them wise and proper, and biennially, and on or before the fiist 
day of December, preceding the regular sessions of the legislature, said 
board of trustees shall furnish the governor a printed report of said in- 
stitution for the two years ending on the preceding June thirtieth. Said 
report shall contain such matters as are of interest to the institution, with 
reports of the superintendent, such as is common from like institutions; 
with a detailed statement of the disbursements. The state authorities 
shall print and deliver to the proper officers for the use of the legis- 
lature and state officers, five copies for each, and shall deliver lol the 
officers of such institution the number estimated by them to be necessary 
for the use thereof, not to exceed five for each member enrolled therein. 

Sec. 1. CHARGE ON COUNTY.] The expense of the care, board and 
treatment of each patient in the Institution for the Feeble Minded shall 
be a charge upon the county from which the patient is sent. Each coun- 
ty shall pay the sum of fifteen dollars per month for the care and treat- 
ment of each patient sent from such coun'y to the State Treasurer. 
Chapter 113, p. 146, 1915. Details in following sections. 

CHAPTER 23. 

ARTICLE 82.— PRIVATE EDUCATIONAL INSTITUTIONS. 

Sec. 5005. HOW FORMED.] A corporation for religious, education- 
al, benevolent, charitable or scientific purposes or a commercial or so- 
cial corporation not organized for profit may be formed in the manner 
provided in chapter 12, amending chapter 12 of the Civil Code of North 
Dakota. 

Sec. 5006. ANNUAL REPORT.] The trustees or directors of all 
such corporations must annually make a full report of all their property, 
real and personal, including property held in trust by them, and of the 
conditions thereof and of all their affairs to the members of the corpora- 
tion for which they are acting. 



266 GENERAL SCHOOL LAWS 



Sec. 5007. MAY ACQUIRE AND SELL PROPERTY.] All such 
corporations shall have power to acquire property, both real and per- 
sonal, by pui chase, devise or bequest and to hold the same and may sell, 
exchange or mortgage any or all property held or owned by them in the 
manner determined by their by-laws or by majority vote of their mem- 
bers at a meeting called for that pu.pose. 

Sec. 5013. DONATIONS FOR PARTICULAR PURPOSES.] All do- 
nations, devises or bequests made to an educational corporation for par- 
ticular purposes, when accepted, shall be applied in conformity with the 
express condition of the donor or devisor. 

Sec. 5014. POWERS OF CORPORATION.] Educational corpora- 
tions have power to appoint a president or principal for the institution 
and such professors, tutors and olher agents and officers as may be 
necessary and to displace any of them as the interests of the institution 
may require; to fill vacancies, to prescribe and direct the course of stud- 
ies and the discipline to be pursued and observed in the institution and 
the rates of tuition in the same; and the president and professors shall 
constitute the faculty of such institution; and they have power to en- 
force the rules and regulations enacted for the government and disci- 
pline of the students and to suspend and expel offendeis as may be 
deemed expedient. 

Sec. 5015. DEGREES CONFERRED.] Every such corporation hav- 
ing the rank of a college or university has power to confer, on the 
recommendation of the faculty, all such degrees Or honors as are usu- 
ally conferred by colleges and univeisities in the United Stares and such 
others, having reference to the course of studies and the worth and ac- 
complishment of the student, as may be deemed proper. 

Sec. 5016. MECHANICS AND AGRICULTURE.] Such corporation 
may connect wi'.h its institution, to be used as a part of its course of ed- 
ucation, any mechanical shops or machinery or lands for agricultural 
purposes, not exceeding three hundred and twenty acres, to which may 
be attached all necessary buildings for carrying on the mechanical and 
agricultural purposes of such institution. 



APPENDIX A. 

On account of unavoidable delays in publishing the 1919 edition of 
the school laws and the great advance in cost of labor and paper, it has 
been found necessary to omit Part III almost entirely. 

In Appendix A will be found Chapters 26, 52, 53 and 61 of the Special 
Session Laws of 1919 — Copy for this edition of the school laws was placed 
in the hands of the printer early in 1919, — afterwards the Special Legis- 
lative Session of 1919 was held and made amendments to school laws 
by enacting these chapters. Chapter 26 amends Section 183 of the 
State Constitution and provides that school districts may, by vote of the 
people thereof, increase their indebtedness an additional five per cent. 
Under this law it is possible for a school district to bond to the extent of 
ten per cent of its assessed valuation. 

Chapter 52 amends Section 1445 and 1446 of the school laws and 
provides that the levies of taxes required for classification of schools and 
the different amounts of aid shall be based on tax levies. Districts levy- 
ing a tax less than four mills receive the minimum amount of aid. Dis- 
tricts levying four and less than seven mills will receive twice the mini- 
mum amount of aid and districts levying seven or more mills will receive 
treble the minimum aid. 

Chapter 53 amends Section 1190 which provides for consolidation of 
schools and transportation of pupils. This law provides that the amount 
that may be paid families for transporting their own children to and 
from school must not be less than twenty cents nor more than one dollar 
and fifty cents per day. It also provides for a board of arbitration to 
settle disputes where patrons and the school board cannot agree as to 
the amount to be paid. 

Chapter 61 provides that tax levies for 1919 and 1920 must be 
based on the 1918 assessment of property. The tax levies for the years 
1919 and 1920 in school districts may be twenty per cent and forty per 
cent, respectively, based upon the assesseed valuation for 1918. 

Section 1182 of the School Laws of 1915 is to be found in full in the 
appendix. This section appears only in part in the main body of this 
edition of laws. 

TAX LEVY— NOTICE TO COUNTY AUDITOR. 

Sec. 1182. Tax Levy. Notice to County Auditor. It shall have 
power to levy on the property in the district a tax for school purposes of 
not exceeding thirty mills on the dollar in any year, which levy shall be 
made by resolution of the board prior to the twentieth of July. Provided, 
however, that in districts having (a) high school (s) an additional tax of 
ten mills on the dollar may be levied if a majority of the school voters 
of such district annually authorize such levy at the annual school elec- 



>68 GENERAL SCHOOL LAWS 



tion; notice that the question of levying such additional tax will be voted 
on at the election shall be given by posting the same in three of the 
most public places in the district; at least fourteen days prior to said 
election. The levy of such additional tax, if authorized by the voters as 
aforesaid, shall be made by a resolution of the board prior to the 
twentieth day of July. The clerk shall immediately thereafter notify in 
writing the county auditor of the amount of tax so levied. It shall not 
have power to abate or reduce the amount of tax so levied after the 
county auditor has been notified of the amount of such levy. 

SPECIAL SESSION LAWS 
CHAPTER 26 

Sec. 1. AMENDMENT). That Chapter 91 of the Session Laws of 
North Dakota for 1919. being a concurrent resolution to amend in accord- 
ance with the provisions of Section 202. as amended, of the Constitution 
of the State of North Dakota. Section ISo of the Constitution of the State 
of North Dakota, be amended and re-enacted to read as follows: 

Sec. 183. The debt of any county, township, city. town, school dis- 
trict or any other political subdivision, shall never exceed five per centum 
upon the assessed value of the taxable property therein; provided, that 
any incorporated city may, by a two-thirds vote, increase such indebted- 
ness three per centum on such assessed value beyond said five per 
centum limit, and a school district, by a majority vote may increase such 
indebtedness five per cent on such assessed value beyond said five per 
centum limit; provided, also, that any county or city by a majority vote 
may issue bonds upon any revenue producing utility owned by such 
county or city, or for the purchasing or acquiring the same or building 
or establishment thereof, in amounts not exceeding the physical value of 
such utility, industry or enterprise. In estimating the indebtedness which 
a city, county, township, school district or any other political subdivision 
may incur, the entire amount, exclusive of the bonds upon said revenue 
producing utilities, whether contracted prior or subsequent to the adop- 
tion of this constitution, shall be included; provided further, that any 
incorporated city may become indebted in any amount not exceeding four 
per centum of such assessed value without regard to the existing in- 
debtedness of such city for the purpose of constructing or purchasing 
waterworks for furnishing a supply of water to the inhabitants of such 
city or for the purpose of constructing sewers, and for no otrer purposes 
whatever. All bonds and obligations in excess of the amount of indebted- 
ness permitted by this Constitution, given by any city, county, township, 
town, school district, or any other political subdivision shall be void. 

Approved 9:0.=i A. M., December 12, 1919. 

CHAPTER 52 
SPECIAL SESSION LAWS. 1919 
Sec. 1. That Section 1445 of the Compiled Laws of North Dakota 
for the year 1913. as amended by Chapter 212 of the Laws of North Dakota 
for the year 1917, be amended and re-enacted to read as follows; 



STATE OF NORTH DAKOTA 269 



Sec. 1445. THE APPORTIONMENT, WHEN APPORTIONED, 
AMOUNT OF APPORTIONMENT). Between the first and the fifteenth of 
August in each year the State Board of Administration shall apportion 
such amounts as are appropriated to each of said state graded consol- 
idated schools, the sums named in Section 1446 of this Act; to each of 
state graded schools which have fully complied with the provisions of 
this Act and such additional rules as may be established by the state 
board relating to state graded schools, the sum of one hundred dollars 
in each year to state graded schools of the first class; to state graded 
schools of the second class a sum of seventy-five dollars; and to state 
graded schools of the third class, the sum of fifty dollars; and the board 
shall apportion to each of the state rural schools which have fully com- 
plied with the provisions of this Act and such additional rules as may 
be established by the board relating to state rural schools, the sum of 
fifty dollars in each year to each rural school of the first class; to each 
state rural school of the second class, the sum of forty dollars; and to 
each state rural school of the third class, a sum of thirty dollars; pro- 
vided, that in any district where the tax rate for the preceding year is 
four mills and less than seven, these amounts shall be doubled for each 
class of school, and that in any district where the tax rate of the preced- 
ing year is seven mills or greater these amounts shall be trebled. These 
several amounts shall be paid by the State Treasurer on the warrant of 
the State Auditor when duly certified and filed with the State Auditor by 
the Superintendent of Public Instruction. Provided also, that in case 
the amount apportioned shall not be sufficient to pay the amount specified, 
then the amount available shall be apportioned pro rata among the 
schools entitled thereto. Provided further, that the State Board of 
Administration shall furnish to each state rural school a certificate of 
standardization and a metal plate designating the rank of such schools, 
the same to be paid for from the appropriation for these schools. 

Sec. 2. That Section 1446 of the Compiled Laws of North Dakota 
for the year 1913, as amended by Chapter 212 of the Laws of North 
Dakota for the year 1917 be amended and re-enacted to read as follows: 

See. 1446. AID TO CONSOLIDATED SCHOOLS, CONSOLIDATED 
SCHOOLS DEFINED). Any consolidated school meeting the require- 
ments for the state graded school of the first class shall receive aid in 
the sum of four hundred dollars, any consolidated school meeting the 
requirements for the state graded school of the second class shall receive 
aid in the sum of three hundred fifty dollars, and any consolidated school 
meeting the requirements for a state graded school of the third class 
shall receive aid in the sum of three hundred dollars; provided, that in 
any district where the tax rate for the preceding year is four mills and 
less than seven, each school shall receive double the amount named here 
and where the tax rate for the preceding year is seven mills or more, each 
school shall receive treble the amount. It is provided further, that a 
consolidated school here and elsewhere in the law Is one where at least 



J70 GENERAL SCHOOL LAWS 



two teachers are employeil and at least eighteen contiguous sections are 
served, without regard to the manner of its formation. 

Sec. 3. All Acts and parts of Acts in conflict herewith are hereby 
repealed. 

Sec. 4. This Act is hereby declared to be an emergency measure and 
shall take effect and be in force fi-om and after its passage and approval. 

Approved 10:20 P. M.> Dec. 11. 1919. 

CHAPTER 53 
SPECIAL SESSION LAWS 1919 

Sec. 1. AMENDMENT). That Section 1190 of the Compiled Laws 
for 1913 as amended by Chapter 199 of the Session Laws for 1919 be 
amended and re-enacted to read as follows: 

Sec. 1190. CONSOLIDATION OF SCHOOLS AND TRANSPORTA- 
TION OF PrPILS). The district school board may call, and if petitioned 
by one-third of the voters of the district, shall call an election to deter- 
mine tbe Question: 

(1) "To consolidate two or more schools or the territory usually 
served by two or more schools and select a site and provide a sxiitable 
building," or 

(2) "To select a school already established and. If necessary, make 
suitable additions thereto to accommodate the pupils of the schools to bo 
vacated." 

Said election shall he conducted, both as to notices and as to manner 
of o.mvassins: votes, in the same manner as the annual school elections. 
K a majority of the votes cast at such an election are in favor of either 
proposal, then the board shall carry out the decision of the district 
within four months thereafter. In the event of carrying out either pro- 
posv^l prior to or after the passage of this Act, it shall be the duty of the 
board to provide for the transportation of pupils at public expense to 
and from the consolidated school, except to those pupils living less than 
one and one-half miles from such school; and it shall also be the duty 
of the board, if deemed expedient, to move to the site selected school 
houses already built or to sell such school houses. Provided, that trans- 
portation may be furnished either by the use of public conveyances or by 
allowing to each family as compensation a sum of not less than twenty 
cents nor more than one dollar and fifty cents per school day of attend- 
ance, such compensation to be equitably based upon the distance traveled 
and the number of children transported. Provided further, that the sum 
total of expenses to a district for transportation shall not be greater 
where the family system is used than would be the case under a system 
of public conve>-ances. Pi'ovlded, also, that in ease a patron is dissatis- 
fied with the arrangements made by the school board with regard to the 
transportation of his children, he may apply to the school board for a 
boaixl of arbitration consisting of one selected by the pati-on, one selected 
by tlxe school board and another chosen by th» two already selected ; the 
scheool district to pay all costs thereof; said cost not to exceed tliree 



STATE OF NORTH DAKOTA 271 

dollars per diem per member of said arbitration board. The decision of 
said arbitration board shall be final and binding on the board. 

Sec. 2. EMERGENCY). This Act is hereby declared to be an emerg- 
ency measure and shall be in effect and be in operation on and after its 
passage and approval. 

Approved 9:00 P. M., Dec. 11, 1919. 

CHAPTER 61 
SPECIAL SESSION LAWS FOR 1919 

Sec. 1. AMENDMENT). Chapter 214, Laws of North Dakota, 1919, is 
hereby amended and re-enacted to read as follows: 

Sec. 1. For the years 1919 and 1920, the total annual amount of the 
taxes levied for any purpose, except special levies for local improve- 
ments and for the maintenance of sinking funds in any county or political 
subdivisions thereof, or in any village, town or city within the state, 
shall not exceed by more than ten per cent the amount that would be 
produced by the levy of the maximum rate provided by law upon the 
assessed valuation of 1918; provided, that for road and school purposes 
the amount levied may be twenty per cent for 1919 and forty per cent 
for 1920, respectively, upon the basis of the assessed valuation for 1918. 

Sec. 2. No salary of any official now determined on the basis of the 
amount of the assessed valuation of the taxable property in any county 
or political subdivision thereof, or in any city, town or village, shall be 
increased prior to July 1, 1921, beyond the amount now authorized on 
the basis of the assessed valuation of 1918. 

Sec. 3. In any case where any duty or power is imposed or con- 
ferred by law upon any official in any county or political subdivision 
thereof, or in any city, town or village, and such duty or power is con- 
tingent upon the assessed valuation of the taxable property in such 
county, political subdivision, city, town or village, prior to July 1, 1921, 
such duty or power shall rest upon and be conditioned by the assessed 
valuation of 1918, except as provided in Section 1 hereof. 

Sec. 4. The debt limit of any county or political subdivision thereof, 
or of any city, town-, or village shall not be increased in any fiscal year, 
prior to July 1, 1921, more than twenty-five per cent, nor shall the 
total increase be more than fifty per cent upon the limit now fixed by . 
law upon the basis of the assessed valuation of 1918; provided, however, 
that the provisions of this section shall not apply to school districts 
desiring to raise money for the purpose of repairing, furnishing or 
building school houses. 

Sec. 5. In all cases wherein levies have been made or salaries or 
debts increased, or any duty or power of any official has been limited or 
extended in excess of, or contrary to the limitations prescribed herein, 
the same shall be revised and corrected so as to conform to the provi- 
sion of said Chapter 214, Laws of North Dakota, 1919, as hereby amended. 
Any county, city, town, village, township or other officer violating any 



GENERAL SCHOOL LAWS 



of the provisions of this Act shall be subject to a fine of not less than 
One Hundred nor more than Five Hundred Dollars. 

Sec. 6. All Acts or parts of Acts, in so far as inconsistent with 
provisions of this Act are hereby repealed. 

Sec. 7. This Act is hereby declared to be an emergency measure 
and shall take effect and be in .force from and after its passage and 
approval. 

Approved 11:00 P. M.. December 11. 1919. 



SCHOOL CALENDAR 



JANUARY— 

First, New Year's Day — Legal Holiday. 

Second Tuesday, regular meeting of school board, common school 

district. 
Third Friday, Temperance Day. 

FEBRUARY— 

Twelfth, Lincoln's Birthday — Legal Holiday. 

Twenty-second, Washington's Birthday — Legal Holiday. 

Second Thursday and Friday — Teachers' examination for elementary 

certificates. 
Third Monday, State Superintendent apportions state tuition fund 
among counties. 
APRIL— 

Second Tuesday, regular meeting of school board, common school 

district. 
Third Monday, School election in independent districts. 

Arbor Day, to be designated by the Governor. 
MAY— 

Second Sunday, Mothers' Day. 

Second Thursday and Friday — Teachers' examination for elementary 
certificates. 

Third Monday, State Superintendent apportions state tuition fund 
among counties. 

Thirtieth — Memorial Day — Legal Holiday. 
JUNE— 

Fourteenth — Flag Day. 

First Tuesday — Annual School Election, in common and special 
school districts. 

School census must be taken annually between the 1st and 20th days 
of June. 

Thirtieth — School year ends. 
JULY— 

Fourth, Independence Day — Legal Holiday. 

Second Tuesday — Regular (annual) meeting of school board in com- 
mon school districts. Also annual meeting of board in special 
districts. At this meeting the school board receives the annual 
reports of the clerk and treasurer of the district and also checks 
over the books and accounts of these officers. Annual settlement 
is made with the treasurer. The tax levy is made by resolution of 
the board and certified to the county auditor by the school district 



274 GENERAL SCHOOL LAWS 



clerk. The newly elected officers assume their duties at this 

meeting. 
Reports of clerk and treasurer must be filed in the office of the 

county superintendent prior to August 1st. 
The school district clerk must file the school census report in the 

office of the county superintendent not later than July 10th. 
In independent school districts the regular meetings of the board of 

education are held on the first Tuesday of each month. ' 
In special districts the annual meeting of the board is held on the 

second Tuesday in July at which meeting the books and accounts 

of the clerk and treasurer are checked up and their reports received 

and approved. The newly elected board members assume their 

duties at this meeting. 
In special school districts the board must meet at least once each 

month. 
In common school districts in which are located graded schools of 

three or more departments the school board holds regular meetings 

on the first Tuesday of each month. 
AUGUST— 

Second Thursday and Friday, Examinations for elementary 

certificates. 
Third Monday — State Superintendent apportions state tuition fund 

among counties. 
State Board of Administration apportions state aid to rural, graded 

and consolidated schools between the first and fifteenth days of 

August. 
SEPTEMBER— 

First Monday. Labor Day — Legal Holiday. 

Fifteenth, County Superintendent must file his annual report with 

State Superintendent. 
OCTOBER— 

Second Tuesday, regular meeting of school board in common school 

districts. 
Twelfth — Discovery Day — Legal Holiday. 
NOVEMBER— 

First Tuesday after first Monday in even numbered years is general 

election day and is a legal holiday. 
Second Thursday and Friday, examinations for elementary 

certificates. 
Eleventh — Armistice or Victory Day. 
Third Monday — State Superintendent apportions state tuition fund 

among counties. 
Last Thursday — Thanksgiving Day — Legal Holiday. 
DECEMBER— 

Twenty-fifth — Christmas Day — Legal Holiday. 



INDEX 



Section Page 

ACADEMY OF SCIENCE 159G-1602 147-147 

ACCOUNTS— 

County treasurer to keep with school corporations ..... 1220 198 

Keeps with each fund 1218 197 

Form of for district treasurer 1218 197 

ACCOUNTING OFFICER— 

State institutions must designate 1807 37 

Duties of .lS07(a), 1811 37, 38 

ACTIONS— 

Brought in name of state 1414 252 

pompulsory attendance law, for violation of 1345 248 

District treasurer for failure to pay over money 1352 103 

Not affected, when 2 195 

States attorney to prosecute for non-?.ttendance 1345 115 

Who may institute on school treasurer's bond 1171 57 

ACTS LEGALIZED— 

Indebtedness and warrants legalized 1 195 

Must be within debt limit 2 195 

Pending actions not affected 2 195 

Refunding bonds legalized 1 195 

With reference to county agricultural and training 

schools 147 144 

ADDITIONAL SCHOOL TIME— 

When granted 1191 62 

ADJACENT territory- 
How attached to common school districts 1142 48 

To special districts 1240 75 

ADVERTISING— 

Proposals for building school house 1340 211 

For contracts involving more than one hundred dollars 1356 104 

AGE— 

Compulsory attendance 1342 114 

Deaf and feeble minded compulsory attendance ......1342 114-15 

Required for elementary certificates 1360-61 229 

For professional certificates .1362-3 230 

Under fourteen, employment of, when prohibited 1404 248 

Under sixteen, employment of, when prohibited ......1405 249 

When sale of tobacco is prohibited 1, 2, 3, 4, 253-4 

(See child labor). 

AGRICULTURAL COLLEGE— 

Laws governing 1604-1618 131-133 

Must furnish lists of publications 1 137 



II INDEX 

Section Page 

AGRICULTURAL DEPARTMENTS IN HIGH SCHOOLS— 

Appropriation for teaching agriculture in schools ....1433 127 

For each of five schools 1433 127 

Instruction offered in agricultural schools 1434 127 

Limited to one in county 1435 127 

National aid to receive share 1435 127 

Other subjects besides agriculture 1434 127 

Requirements to receive benefits of act 1434 127 

Schools elegible to benefits of act 1435 127 

AGRICULTURAL AND TRAINING SCHOOLS— 

(See county agricultural and training schools). 

AGRICULTURAL PRODUDCTS— 

Classified in schools, when 1 to 6 123 

AGRICULTURAL AND GEOLOGICAL SURVEY— 
(See Sections 1162, 1673, pp. 134, 135; 136). 

AID, COUNTY— 

To consolidated, graded, and rural schools, except 

high schools 1 124 

To night schools (b)l 130 

Election upon petition 1 124 

Limit of tax 1 124 

Tax, how apportioned 2 124 

AID, NATIONAL— 

What schools may receive 1435 127 

AID, state- 
To consolidated schools (See Appendix A) 1446 269 

To evening schools (a) 3 127 

To graded schools (See Appendix A) .1445 269 

To high schools 1433 126 

To high schools having agricultural departments 1433 127 

To rural schools 1435 127 

ANNEXATION— 

County commissioners may annex territory 1142 48 

District divided by township or county line 1143 49 

To special districts 1240 75 

APPEALS— 

Applicants for certificates may appeal, how 1371 233 

From decision of county superintendent ...1132 41 

Practice, state superintendent shall prescribe 1110 14 

State superintendent decides appeals 1110 14 

APPORTIONMENT— 

Basis of tuition funds • 1208-1217 190 

County tuition fund by county superintendent 1225 192 

High school aid 1433 120 

National aid 1435 127 

Rural, graded and consolidated aid apportioned when 

(See Appendix A) 1445 269 



INDEX III 

Section Page 

State tuition fund by county superintendent ....1131-1217 41-196 

State superintendent apportions, when 1210 190 

Witliheld when 1214-1216 191-196 

APPROPRIATIONS— 

Board of administration 11 29 

By county committioners for county agricultural and 

training schools 1455 138 

Extension and demonstration work under the Smith- 
Lever act 1 136 

For aid to consolidated schools (Appendix A) 1446 269 

to evening schools (a)4, c(l) 129-130 

to graded and rural schools (Appendix A) 1445 269 

to high schools 1433 126 

to night schools (b)l 130 

to schools having department of agriculture ....1433 126 

For Smith-Hughes act 7 151 

For teachers institutes by state 1392 227 

For teachers institutes by county 1394 228 

School district library by district 1176 57-58 

Traveling expenses, state superintendent 1120 16 

(See Chapter 16, Session Laws, 1919). 
ARBITRATION— 

(See Board of Arbitration). 

(See Equalization of Indebtedness). 

Board constituted, how 1327 199 

Debts and assets determined 1321 102 

Divides property of districts concerned 1328 200 

ASSESSORS— 

County superintendent must furnish maps 1129 441 

ASSESSMENT— 
(See Taxes). 
ASSOCIATIONS— 

City associations 1125 40 

State association, proceedings of, to be published ....1119 16 

Teachers may attend • . . .^ 1401 228 

ATTENDANCE— 

Compulsory age for j 1342 114 

Length of time pupil must attend 1342 114 

Penalty for failure to comply with law 1344 115 

Prosecution for failure to obey law 1345 115 

Who are exempt from compulsory attendance ....... .1342 114 

BALLOTS— 

Form of, for election on bonds 1333 201 

For formation of special district 1233 37 

For consolidation of schools (See Appendix A) ....1190 270 

For special districts 1265 82 

To divide and form special districts 1233 37 



IV INDEX 

Section Page 

Non-partisan 2 107 

No party ballot • : 1 107 

For county and state superintendent '. 1 107 

BARNS ON SCHOOL GROUNDS— 
(See stables). 

BIBLE, THE— 

Not a sectarian book 1388 112 

Teacher may read in school . . . . • 1388 112 

BIDS— 

For building school houses .1340 211 

Contracts involving more than one hundred dollars ..1356 104 

BLANKS— 

Distributed by county superintendent 1125 40 

Prepared by state superintendent 1108 14 

Section Page 

BLIND AND DEFECTIVE— 

Care of blind children 1707-8 262 

Care of feeble minded persons 1714 263 

Enumeration of feeble minded persons 1195-1196 63-64 

Education of Blind 1342 114 

BLIND CHILDREN— 

Board of Administration has power 1707-8 262 

Children under school age . , 1707 262 

Education of Blind Children 1342 114 

BLIND, STATE SCHOOL FOR— 

(See Sections 1699, 1708, pp. 261-262). 

BLUE book- 
To be printed by Secretary of State • . 92 31 

To be distributed by county superintendent 93 31 

BOARD OF ADMINISTRATION— 

Appoints Educational Commission 7 28 

Appoints school comn^ission 6 28 

Appropriation for 11 29 

Assumes powers of certain boards 5 28 

Duties .^ 1-10 27-8-9 

Employs secretary 4 27 

Employs other officers 4 27 

Has general supervision of schools 6 28 

How constituted 1 27 

Institutions under control of 1; 243 21-33 

Report, annual 10 29 

Salary of appointive members 3 27 

State superintendent ex officio member 1 27 

Term of office of appointive member 1 27 

BOARD OP adjusters- 
How constituted 1228 194 

Duties 1228 194 



INDEX V 

Section Page 

BOARD OF APPRAISERS— 

Duties of Board 300 166 

Who are members 300 166 

Compensation 300 166 

BOARD OF ARBITRATION— 

Appointment of members of board 1327 199 

Duties of such board 1328 200 

Members of the Board 1327 199 

Taxes levied by such board 1328-1329 200 

Collection of taxes so levied 1330 200 

(See Arbitration). 

(See Equalization of Indebtedness). 

BOARD OF EDUCATION— 

(See Common School District Board). 
(See topics under Special District and Independent 
District). 

BOARD OF EDUCATION IN CERTAIN .CITIES— 

Arbitration on change of boundaries 1321 102 

Assets, how determined 1321 102 

Debts, how determined 1321 102 

Elected at large 1315 101 

Eelction, how conducted 1317 101 

Independent organization, abolished how 1319 101 

Old school officers to hold over 1320 102 

Relatives not eligible as teachers, when '. .1318 101 

Term of office of board members 1316 101 

BOARD OF EXAMINERS— 

(Duties of this board are performed by state Administra- 
tion Board). 

BOARD OF HEALTH— 

County Board of Health, members 404 221 

Appoints county superintendent of public health 404 221 

Must inspect school buildings, when 1186 61 

BOARD FOR COUNTY AGRICULTURAL AND TRAINING 

SCHOOLS— 

Members of board, who are 1458 139 

Have charge of county agricultural and training school 1461 141 

County Treasurer acts as treasurer of . . • • 1457-1468 139-143 

BOARD OF INSPECTION— 

Who constitutes, and duties of board 1186 61 

BOARD OF REGENTS— 

(This board has been abolished and its duties taken over 
by the State Board of Administration). 

BOARD OF UNIVERSITY AND SCHOOL LANDS— 

May redeem bonds 1 204 

(The laws governing this board and also providing for the 
management and sale of all state lands as well at the 



VI INDEX . 

Section Page 
investment of permanent scliool funds, are to be found 
on pages 161 to 189, inclusive, of this volume). 
BONDS— 

(See Bonds of Common School Districts). 
(See Bonds of Special School Districts). 
(See Independent School Districts"*. 
(See Bonds Official). 
(See Bonds refunding). 

(See Bonds for County Agricultural and Training Schools). 
BONDS OF COMMON SCHOOL DISTRICTS— 

Bonds, denomination of 1334 201 

Building contracts 1340 203 

Cancelled bonds recorded • 1339 203 

Certificate of treasurer required 3491 204-5 

Certificate of county auditor required 1335 202 

County auditor may levy tax to pay, when 1338 203 

Denomination of bonds 1334 201 

Depository of sinking fund • 7 198 

Election for issue of bonds 1332 200 

Ballot for election of bonds 1333 201 

Called on petition only 1333 201 

Notice of election on bonds 1333 201 

Not to be resubmitted in same year 1333 201 

Form of bonds 1335 201 

How issued 1332 200 

Issued for previous indebtedness, may be 1341 204 

Limit of bond issue 1334 201 

Negotiated, how . 1337 203 

Purpose of bond issue 1332 200 

Rate of interest 1334 201 

Record of Bonds to be kept 1335 201 

Redeemed, when and how 1 204 

Register of bonds 1335 201 

Sinking fund for payment of bonds 1336 202 

Statement from district officers 1335 201 

Tax levy for interest and sinking fund .1336 202 

Treasurer exempt from liability for, when 8 199 

BONDS FOR COUNTY AGRICULTURAL AND TRAINING 
SCHOOLS— 

Amount of issue 2 206 

County May issue, when 1 206 

County treasurer to pay, when 8 208 

Denomination of 3 207 

Funds derived from sale of, how handled 10 208 

How issued 3 207 

How sold 6 207 

May be retired before maturity 9 207 



INDEX VII 

Rate of interest 3 207 

Registered in county auditor's office, must be 5 207 

Tax levy for interest and sinking fund ' 4 207 

Who may purcliase 7 207 

BONDS OF DIVIDED SCHOOL DISTRICTS— 

District liable for bonds, when 3218 106 

Valid, when 3219 106 

BONDS. OFFICIAL— 

Action on school treasurer's bond .1171 57 

City treasurer as treasurer of independent district ...1305 98 

Contractor, for building must give bond 1340 211 

County superintendent of schools 663 109 

School treasurer's bond 1165 54 

Additional bond, when required • 1166 55 

Personal bond may be given, when 14 66 

Surety company bond may be given, when .14 66 

Premium on official bond, when paid by district ........ .2 65 

Amount of premium paid state 3 65-6 

State superintendent must give bond • 663 109 

Treasurer of special district must give bond 1256 80 

Where bonds are filed 1171 57 

BONDS, REFUNDING— 

Board of education to levy tax 4028 205 

Denomination of bonds 4027 205 

How executed 4029 206 

What bonds may be refunded 4026 205 

What corporations may issue .4030 206 

Section Page 

BONDS OF SPECIAL SCHOOL DISTRICTS— 

Bonds of special districts, how and when issued 1272 83 

Denomination of bonds 1273 84 

Election for issuing bonds, procedure 1274 84 

Interest coupon ......•..•• 1279 86 

Issue of bonds, how governed 1284 87 

Levy for payment of bonds 1276 84 

Limit, debt 1275 84 

May be exchanged 1283 87 

Must specify what 1275 84 

Rate of interest 1275 84 

Redeemed, how and when 1 204 

Refunding bonds issued, when 1282 86 

Register of bonds by clerk 1281 86 

Security for bonds 1280 86 

Sinking fund must be deposited in the Bank of North 

Dakota 7 198 

Surplus funds may be transferred 1285 87 

BOOKS— 

Free text books 1397 214 



VIII INDEX 

Section 

List from library furnished by whom 1108 

Text books approxed by ^ate Superintendent 1397 

Uniform text books — Chapter 145, Laws of 1915 

BOUNDARIES OF SCHOOL DISTRICTS— 

County commissioners and county superintendent may 

change, when 1146 

New districts, how organized 1147 

Petitions necessary 1146-1147 

Public notices must be given 1149 

BRANCHES OF STUDY— 

(See Studies). 
CENSUS, SCHOOL— 

Enumeration taken, when and how 1195 

In independent districts 1304 

In new districts 1215 

In special districts .• 1251 (15) 

Of deaf, dumb, blind and feeble minded 1195 

Report filed with whom 1196 

Not entitled to tuition fund unless census report is filed 1214 

Report of, sent to whom 1196, 1251 (15) . 

CERTIFICATES (TEACHERS')— 

Accredited work 1368 

Appeal of applicants 1371 

Diplomas accredited. State institutions .1365 

Accredited other institutions 1366 

Disposition of examination fees 1377 

Examination by county superintendent 1370 

Dates of examination ; 1370 

Fees for certificates 1376 

Grades of certificates 1359 

First grade elementary 1361 

First grade professional 1363 . 

Second grade elementary 1S60 

Second grade professional 1362 

Special certificates 1364 

Graduates entitled to certificates, when 1054 

High School diplomas, accredited, when 1369 

Issued by state board (administration) 1358 

Other diplomas accredited 1366 

Papers kept on file, how long 1371 

Permits issued, when and to whom 1367 

Pupils from agricultural schools, standings of 1468 

Qualifications of teachers 1372 

Recorded in office of county superintendent 1372 

Re-examination of papers, when 1371 

Revoked, when 1374 

How revoked 1375 



INDEX IX 

Section Page 

Teachers entitled to hearing 1375 234 

Special certificates 1364 230 

Subjects in which to be examined • 1360-1364 229-230 

Teacher must hold certificate to teach 1373 234 

When revokable 1374 234 

CHANGE IN SCHOOL DISTRICT BOUNDARY LINES— 
(See Annexation). 

CHILD LABOR— 

Age when unlawful to employ children 1404 248 

Employment certificate, what to contain 1408 250 

Issued on what evidence 1407 250 

Must be exhibited to whom 1405 249 

Must be kept on file 1405 249 

Who may issue certificates 1006 249 

Employments prohibited 1412 251 

Evidence of age furnished 1405 249 

Hours of labor for employment of child 1410 251 

Inspection of places of work 1411 251 

List of children employed must be posted 1405 249 

List accessible to whom 1405 249 

Peace officer to inspect 1411 251 

Penalties for violating provisions of this act 1413 252 

Prosecutions, how brought 1414 252 

Qualifications of child for certificate ., 1407 250 

School record of child shall contain, what 1409 250 

CIGARETTES— 

Sale of, forbidden 1 253 

Child subject to arrest for use of 2 253 

Penalty for selling cigarettes 1 253 

Grand jury may investigate 5 254 

CITIES— 

What cities may become special districts 1229-1230 73 

CITY COUNCIL— 

Ordinances as to property of independent districts ..1314 101 

CITY TREASURER— 

In special districts, acts as, when 1254 79 

Is treasurer of independent district • 1304 98 

Must give bond 1305 98 

Moneys paid to, when 1303-4 98-99 

CLERK OF SCHOOL BOARD— 
(See District Clerk). 

COAI.— 

Use of North Dakota lignite required 1828 223, 224 

COMMISSIONS OR REWARDS— 

Not to be received by any school officer 1529 46 

Not to be received by superintendent, deputy, principal 

or teacher 1529 46 



X INDEX 

Section Page 

COMMON SCHOOL DISTRICT— 

Apportionment forfeited, when 1216 196 

Attached to other districts, when • 1142 48 

Bonds. (See bonds of Common School District). 

Boundaries, how changed 1146 50 

General changes 1147 50 

Conditions on which organized 1141 48 

Consolidated, when and how. (See Appendix A).... 1190 270 

Contracts of, irregular ratified • 1150 50 

County auditor to prepare plats 1149 50 

County commissioners, duties 1146-1147 50 

County treasurer, accounts with 1220 198 

Divided when by natural object • 1142 48 

Division to form special district 1230-1235 73, 74 

Each district a corporation 1140 48 

Election of officers 1151-59 51-3 

(See election of officers in Common School Districts). 
Funds must be deposited in The Bank of North Dakota 7, 8 198, 199 

Having no school board, bonds how paid 1228 194 

Irregularities legalized 1150 

May acquire and dispose of property 1140 

May sue and be sued 1140 

Name of district • 1145 

How changed (1) 1145 

New districts how formed 1147 

In adjacent counties 1147 

Public notice how given • 1148 

New district entitled to apportionment, when 1215 

Not entitled to tuition fund, when 1214-1216 

Numbers of 1145 

Old numbers retained 1145 

Officers in new district 1151 

Officers to be elected ■ 1151 

Petitioned for organization 1141 

Plats prepared by County Auditor 1149 

Polling places how established .1152 

Qualification of voters 1153 

Renumbered when 3217 

Schools shall be free, etc 1343 

Small territory attached to adjacent district 1144 

Territory in two counties, how divided 1142 

Town er village divided by county line .1143 

Treasurer 1151 

What constitutes a common school district 1140 

What territory may be organized 1141 

When district liable for bonds 3218 

COMMON SCHOOL DISTRICT BOARD— 

Action on treasurer's bond 1171 



INDEX XI 

Additional branches of study 1181 59 

Additional school time 1191 62 

Annual report 1197 64 

Annual settlement with treasurer 1218 197 

Arranges school term 1189 62 

Bonds, may purchase outstanding 1336 202 

Redeemed, how 1 204 

Branches of Study, additional 1181 59 

Cancellation of paid bonds 1339 203 

Census shall be taken, how 1195 63 

Of defectives, to whom sent 1196 64 

Clerk of school board 1160 53 

Annual report 1197 64 

Compensation of clerk 1164 54 

Duties of clerk 1164 54 

Vacancy in office of clerk 1325 110-11 

Compensation of regular officers 1162 53 

For special attendance school officers' meeting ..1162 53 

Consolidation of schools. (See Appendix A) 1190 270 

Contracts, officers not to be interested in 1349 103 

Course of study and additional branches .1181 59 

Depository, The Bank of North Dakota is 7 198 

District high school, may be established 1192 63 

Adjacent districts may join 1194 63 

Length of term 1193 63 

Drinking cups, public, use of prohibited 2953 222 

Duties of president of board • 1163 54 

Duties of clerk 1164 54 

Employ and dismiss teachers 1178 58 

Equalization of indebtedness 1327 199 

Establish schools 1174 57 

Exits, requirements 1200 64 

Fences, to provide, when • 1205 65 

Fire escapes, must provide 1201 64 

Duty of what officers 1202 65 

Penalty for neglect of duty 1203 65 

Fixes length of school term 1189 62 

Flags of United States, must provide 1400 218 

Free text books, may furnish • 1397 214 

When and how provided 1398 214 

Chapter 145, Laws 1915 1-10 215-218 

Funds treasurer pays out, when 1168 56 

Must be deposited in The Bank of North Dakota 7 198 

Furniture and apparatus, board must provide 1176 57 

General powers of the board 1173 57 

Government and discipline, may prescribe rules .....1180 59 

Grades, salaries of teachers 1178 58 

Hitching posts, must provide 1207 65 



Xll INDEX 

Health and decency, duty in regard to 1403 221 

How constituted 1161 53 

Indebtedness equalized 1327 199 

Kindergarten, may establish 1402 113 

Length of school term fixed by board 11S9 62 

Library, make provision for 11T6 57, 5S 

Care of library 1177 58 

Expenditure for library purposes 1176 57.58 

May appoint librarian . . . , ■ 1177 58 

Limit salary of clerk 1164 54 

Salary of treasurer 1172 * 57 

Meetings regular and special 1162 53 

New school for remote pupils 11S8 61 

Oath "of otfice . , 1159 53 

Oath and bonds filed with clerk 1171 57 

Organization of the board 1160 53 

Physical education, make provision for ... .1390 113 

Powers of board, genera' 1173 66 

Specific, of board 1174. 1189 57. 62 

President, duties of 1163 54 

Privies and water closets must be supplies . .1490 (4) -1403 210, 221 

Proposal for building school houses 1340 211 

Pupils from other districts may admit, whe: . 1179 59 

Assigns and transfers pupils 1179 59 

Conveying and transportation of pupils (Appendix 

A) 1190 270 

From unorganixed territory ... 1179 59 

Rules of discipline for pupils IISO 59 

Suspends and expels pupil, for cause IISO 59 

When sent to another district, how IIST 61 

Purchase of site for school house, how 11S7 61 

Quorum 1161 53 

Records open to inspection ... 1198 64 

Must be kept in English 1199 64 

Remote pupils, new school for i;S? 61 

Rental public buildingrs. paid when : 87 

Repairs, t'uel and supplies, to furnish 1175 57 

Report on library facts 1177 5S 

School house site how obtained 1IS7 61 

Area of school housi> ?>.■» 11S7 61 

Title to sam« . . llST 61 

School house and site. ii<r» ^o-. ^;c;v.Ui.icu .11S4 60 

Must be kept in proper condition 11S6 61 

Plans, how obtained 11S5 go 

Special election, how called . .11S5 60 

School house used for other puriK>ses .11S3 60 

Under what restrictions . . iiS3 go 

Schools established for remote pupils, how . . iiSS 61 

Shall rev'eive no commiss-on 1'"? 4g 



INDEX XIII 

Section Page 

Penal tj' for violation 1529 46 

Speculation in office prohibited 1349 103 

Stables in rural districts 1207 65 

Tax levy made by board 1182, 1222 59, 193 

For sinking fund and interest 1336 202 

Limit of, when increased 1182 59 

Notice to county auditor 1182 59 

Teachers, employ and dismiss 1178 58 

Grade, salaries of 1178 58 

Terms of school how fixed 1189 ' 62 

When discontinued • 1189 62 

Text books, free, powers of board 1397 214 

Treasurer, additional bond, when 1166 55 

Bond of treasurer 1165 54 

Personal bond accepted '. 14 56 

Surety bond accepted 14 56 

How approved 1165 54 

Premium how paid 2 55 

Pays on warrant only 1168 56 

Report of treasurer .1218 197 

Salary of treasurer 1172 57 

Term of office 1151 51 

Vacancy in office of treasurer, when 1165 54 

How filled .1324 110 

Vacancy in office of director how filled 1324 110 

Warrants endorsed, when 1169 56 

Warrants must specify purpose of issue 1170 56-7 

Trees, duty of board to plant 1204 56 

Funds for tree planting 1206 65 

Truant officer, board may employ, when 1345 248 

Warrants, by whom signed 1168 56 

Shall draw interest, rate 1169 56 

What to specify 1170 56-7 

When to be endorsed by treasurer .1169 56 

What officers constitutes the board 1161 53 

COMPULSORY EDUCATION— 

Age for compulsory attendance 1342 114 

County superintendent helps to enforce 1345 115 

Defective clpldren sent where 1342 114-115 

Distance of compulsory attendance 1342 114 

Exceptions in compulsory education (five) ;1342 114 

Exempt for religious duty, when 1342 115 

Medical inspection permitted 1346 220 

Penalty for neglect 1344 115 

Prosecution for neglect 1345 115 

States attorney must prosecute, when 1345 115 

Teachers, superintendents and principal must investigate 



XIV INDEX 

and report 1345 115 

COXDUCTOR— 

Institute conductor appointed by whom 1392 227 

CONSOLIDATED SCHOOL— 

Defined. (See Appendix A) 1445 269 

Entitled to state aid. (See Appendix A) 1446 269 

How to secure county aid 1 124 

Classifying agricultural products taught in consolidated 

schools 1 to 6 128 

CONSOLIDATION OF SCHOOLS— 

Arrangements made by school board. (See Appendix 

A) 1190 270 

Election to vote on consolidation. (See Appendix A) 1190 270 

Conduct of election. (See Appendix A) 1190 270 

Distance for compulsory attendance ...1342 114 

CONSTITUTIONAL PROVISIONS— 

Board of University and School Lands 156 8 

County board of appraisers 157 S 

Debt limit of school districts 1S3 10 

Distribution of interest and income of permanent school 

fund 154 7 

Funds derived from sale of school lands held in trust 

by state 159 9 

Investment of school funds 162 9 

Leasing of state lands 161 9 

Legislative limitations 69 5 

Legislature must provide a system of public schools . . 147 5 

Legislature musr provide for safety of school funds . . . 165 10 

Permanent school fund 153 7 

Public institutions, where located 215. 216 11, 12 

Qualifications of state superintendent of public 

instruction 82 5 

Qualification of voters ■ 121-129 5. 6 

Sale of common school lands 155 7 

School and public lands 153-7 S. 9, 10 

School lands not to be cultivated ■ 163 10 

Scope and aim of public school system 147, 152 6. 7 

Terms of sale of school lands 158, 160 8, 9 

CONSTRUCTION OF SCHOOL BUILDINGS— 

Approval of plans by whom ■ . . . 1489 209 

Construction of school houses 1490 209 

Ceilings 1490 209 

Cleanliness 1490 209 

Heating 1490 209 

Light 1490 209 

Ventilation 1490 209 

Exits, kinds of 1490 209 



INDEX XV 

Section Page 

Grievances, how adjusted 1492 210 

Heating pipes, where placed • 1493 210 

Inspector, State Superintendent, made sucli 1489 209' 

Method of inspection 1492 210 

Sanitary requirements 1490 209 

Specifications must guarantee, what 1494 210 

Toilet rooms, construction of • 1491 210 

Ventilating flues, kind of 1493 210 

■ Violations, penalty for 1494 210 

CONTAGIOUS DISEASES— 

Pupil having, must be excluded from school 426 222 

Diseases mentioned ' • 426 222 

Duties of superintendent, principal and teachers 426 222 

CONTRACTORS— 

Must give bond for building 1340 203 

CONTRACTS— 

Advertise for bids 1340 203 

How let by board in special district 1259 81 

Officers not to be interested in 1349 103 

In independent districts not interested in 1294 95 

Of irregular district ratified 1150 50 

Proposals for contracts 1340 . 203 

Teacher's contract must be in writing 1178 234 

Is void when 1374 234 

CONVEYANCE— 

Of real estate in independent districts 1310 100 

CORPORATION— 

Each district a corporation 1140 48 

COUNTY AGRICULTURAL AND TRAINING SCHOOLS— 

Acts legalized with reference to 1471 144 

Appropriation by county commissioners .1455 138 

Application to establish school, sent where 1463 141 

Statement to accompany application 1463 141 

Board of trustees created 1458 139 

Appointed by county commissioners 1458 139 

Bond to be given by 1459 139 

Builds school when 1461 141 

Consists of what members • 1458 139 

County superintendent, a member, ex officio 

secretary 1458 139 

No compensation to members 1459 139 

Oath of members of board of trustees • 1459 139 

Term of office of appointed member 1459 139 

Vacancies, how filled 1458 139 

Certificate of completion of course given 1465 142 

Limited when 1465 142 

Has value of second grade certificate, when 1465 142 



XVI INDEX 

Section Page 

Certificate of indebtedness may be issued, when 1455 138 

Cost of maintenance borne by county and state 1456 139 

County school, how established 1455 138 

Construction of buildings 1455 138 

Election to be held 1455 138 

Issue of certificate of indebtedness — .1455 138 

Tax to 'be levied and amount 1455 138 

County treasurer is treasurer of board of trustees . . . .1457 139 

Is treasurer of united school • 1468 143 

Donation of site and money may be received 1461 141 

Elections legalized 1471 144 

Fund created by the state 1469 143 

Inspection of agricultural schools 1470 143 

Levy for state fund for agricultural school 1470 143 

Proceedings legalized , 1471 144 

Qualifications of teachers in agricultural "schools 1460 140 

Report of secretary to state superintendent 1464 142 

Schools free to residents of county 1462 141 

Site, how secured 1461 141 

Standings accepted by certificating officer 1465 142 

State aid, how secured 1464 142 

Two or more counties may unite to establish school . .1466 143 

Taxation for union school 1467 143 

Treasurer for union school 1468 143 

Warrant for state appropriation drawn when 1464 142 

COUNTY aid- 
To consolidated, graded and rural schools 1 124 

Election upon petition 1 124 

Limit of tax 1 124 

Tax, how apportioned 2 124 

To night schools (b)l 130 

COUNTY AUDITOR— 

Certificate required on bonds issued 1335 201 

Draws warrant for institute fund, when 1391 227 

Extends levy of independent district .1301 97 

Levies tax to pay bonds, when 1338 203 

Levies one-half mill tax 1224 192 

Publishes lists 2 137 

To furnish school district plats 1449 46 

COUNTY BOARD OF APPRAISERS— 

Who are members 157 g 

COUNTY BOARD OF HEALTH— 

What officers constitute and duties 404 221 

Must inspect school buildings, when 1186 61 

COUNTY COMMISSIONERS— 

Appoints county superintendent in case of vacancy ..1373 110 

Appoints trustees of county agricultural schools 1458 139 



INDEX XVII 

Section Page 

Call election for county agricultural schools 1455 138 

Forms new school districts, when '. 1147 50 

May establish county agricultural school 1455 138 

Levy tax for such school 1456 139 

May rearrange boundaries of school district 1146 50 

COUNTY official- 
No commission or reward, shall receive 1529 46 

Penalty for violation 1529 46 

COUNTY SCHOOL NURSE— 
(See School Nurse). - 
(See Health and 'Inspection of Pupils). 

How appointed 1346 220 

Duties 1346 220 

COUNTY SUPERINTENDENT OF SCHOOLS— 

Absence from county 1139 42 

Action on district treasurer's bond 1171 57 

Administer oaths, power to 1133 41 

Apportions the tuition funds 1133-1217 4, 196 

Applications for aid to rural, graded and consolidated 

schools 1443 120 

Advises and directs teachers 1124 39 

Approves accounts for aid to evening schools (a) 3 129 

Blanks, distributes to school officers 1125 40 

Calls election on special district 1231 73 

Carries into effect instructions of state superintendent 1125 40 

Certified statement of number of schools, files 1394 228 

Compulsory education, duties in enforcing 1345 115 

Consults state superintendent about institutes 1393 227 

Convenes teachers for instruction 1125 46 

County commissioners must examine records 3543 47 

County commissioners must provide office room 3293 46 

County superintendents meetings, to attend 1111 14 

Decides questions of school law 1132 41 

Directs expenditures for support of night schools ....(b) 2 130 

Deputies may appoint 1136 41 

Salary of deputies 1136 41 

Distributes blanks to school officers 1125 40 

Duties of 1123-1125 39, 40 

Election of 

Name on non-partisan ballot 1-6 107-108 

Two candidates nominated, when 1-6 107-108 

Elections, duty in first election in common school 

district 1152 51 

Formation of special district 1231-32, 1236 73-74 

As to result of election 1234 74 

Enumeration sent to whom 1195 63 

Examinations for teachers' certificates, conducts ....1370 233 

Exempt from jury duty 814 42 



XVIII INDEX 

Section Page 

Expenses <. .• 1137 42 

Fills vacancies in district offices 1324 110 

Furnishes assessors with maps of districts 1129 41 

General duties 1123-1125 39, 40 

Carry out instructions of state superintendent ...1125 40 

Distribution of blanks 1125 40 

Hold teachers' meetings 1125 40 

Shall visit schools 1124 39 

Institute fund, how created 1391 227 

Statement of institute fund must make 1391 227 

Instruct officers in record keeping 1126 40 

List of officers to be filed 1130 41 

May organize teachers' training schools 1393 227 

Medical inspection, duty to aid in 1346 220 

Meeting of superintendents to attend 1111 14 

Member of board of adjusters 1728 194 

of board of appraisers 300 166 

of board of arbitration- 1327 199 

of board of trustees of county agricultural school 1458 139 

of county board of -health 404 221 

Mileage of county superintendent and deputies 1137 42 

Must prescribe fire drills, when 2 213 

Fire guards, duty as to 3 213 

Notify district treasurer of apportionment 1217 196 

Oaths, may administer, when 1133 41 

Office, stationery, etc 1138 42 

Officers' meetings annual .1127 40 

For record keeping, special 1126 40 

Penalty for failure to make report 3542 46 

Plats and maps furnishes to assessors 1129 41 

Preserve documents 1128 40 

Qualifications of county superintendent 1122 39 

Record of official acts 1128 40 

Record of visits 1124 39 

Report to state superintendent 1135 41 

Report delinquent teachers, when , 1134 41 

Reports teachers' insurance fund 1511 241 

Salary ." 1137 42 

School law, decides questions of 1132 41 

Seal of county superintendent 1128 40. 

Shall not absent himself from county 1139 42 

Shall not engage in other occupations 1139 42 

Shall receive no commission 1529 46 

Penalty for vialtion 1529 46 

Special district, calls election to form . . . ". 1231 73 

Supervises common schools 1123 39 

Teachers, advises 1124 39 



INDEX ' XIX 

Section Page 

Convenes for instruction 1125 40 

Teachers' institute, gives notice of 1385 237 

Term of office 1121 39 

Vacancies in office filled, by 1323 110 

Vacancies in office of, filled how 1323 110 

Visits and inspects schools ' 1124 39 

Withhold county tuition fund, when 1214, 1216 191, 192 

COUNTY TREASURER— 

Acting district treasurer, when 1165 54 

Is treasurer of county agricultural and training school 1457 139 

Keeps accounts with school districts 1220 198 

Must file statement with county superintendent 1220 198 

Must send statement to clerk and treasurer .1220 198 

Negotiates bonds when . . .'. 1337 203 

Notifies clerk when money is drawn 1219 198 

On equalization board, when 1327 199 

COUNTY TUITION FUND— 

Apportioned by county superintendent 1225 192 

DrawA on for teachers' insurance fund 1515 241 

How created 1224 192 

COURSE OP STUDY— 

For common schools prescribed by whom 1109 14 

CREAM TESTING— 

Taught in schools how and when 1 to 6 123 

CREDIT GIVEN— 

For reading circle work 1396 228 

From agricultural schools 1465 142 

On diplomas of higher education 1365-1366 231 

On high school diplomas 1369 232 

On normal school diplomas • 1365-1366 231 

On standings of summer schools 1368 232 

CURATIVE ACTS— 

Indebtedness and warrants legalized 1 195 

Previously organized districts declared legal 1150 50 

Refunding bonds, legalized 1 195 

DEAF AND DUMB CHILDREN— 

Entitled to education free, when 1689 259 

DEBT LIMIT— 

Bonds and other indebtedness 1334 201 

Fixed by state constitution 183 10 

How increased, Chapter 26 Appendix A 267, 271 

Must not be exceeded by certain bonds .2 195 

DEBT— 

Void, when 2218 204 

DECENCY AND HEALTH— 

Provisions for 1403 221 



XX ' INDEX 

Section Page 

DEFECTIVE CHILDREN— 

Compulsory education of 1342 114 

DEPOSITORY FOR SCHOOL FUNDS— 

All school funds must be deposited in the Bank of North 

Dakota 7 198 

DEPUTIES— 

County superintendent may appoint, when 1136 41 

Salary of deputy 1136 41 

State superintendent may appoint .1120 16 

Oath of office of deputy .703 17 

DISCONTINUANCE— 

Of school term, when 1189 67 

DISTRICT CLERK— 

Appointment by common district board 1160 53 

by board in special district 1148 77 

Compensation and duties (common school district) ..1164 54 

Compensation and duties (special school district 1248, 1250 77 

Duty as to bonds 1335-1339 201-203 

False reports, penalty for 1354 103 

Notify county auditor of tax levy. (See Appendix A) 1182 267 

Notice of election of officers to give -1158 53 

Vacancy, sent to whom 1324 110 

Post notice of election 1155 52 

Records open to public 1198 64 

Shall receive no commissions .- . • 1529 46 

Tax levy notice to county auditor. (See Appendix A) 1182 267 

Vacancy how filled 1325 110 

DISTRICT HIGH SCHOOL— 

Adjacent districts may join ". . 1194 63 

How established and controlled ■ 1192 63 

Length of term in district high school 1193 63 

DIVISION OF PROPERTY— 

In special districts 1230, 1237 73, 74 

DOORS, SCHOOL HOUSE— 

Outside doors must be at least four feet wide 2995 213 

Must open outward 2995 213 

DRILLS, FIRE— - 

City superintendent to prescribe rules 1 212 

County superintendent to prescribe rules in rural schools 2 213 

Must be given twice each month in all schools 1 212 

Salary withheld when 1, 2 212, 213 

Teacher shall give 1 212 

DRINKING CUPS— 

Public use of, prohibited in schools of all kind 2592 222 

School boards shall not furnish 2953 222 

School board shall not permit 2954 222 

Penalty for violation 2954 222 



INDEX XXI 

Section Page 
DUTIES OP TEACHERS— 

Assignment of studies 1387 116 

Bible, reading of 1388 112 

Branches to be taught 1383 236 

Certificate, must have ... 1380 236 

Certificate must be recorded 1372 233 

. Certificate or permit to whom granted 1372 233 

May be revoked for cause 1374 234 

Contract must be in writing 1178 234 

When void 1372 233 

Delinquent teachers reported by whom 1134 41 

Examinatiou for certificate 1370 233 

Dates of examination • 1370 233 

Excused Jrom attendance at institute, when 1385 237 

Grades pupils 1387 116 

Holidays, what are 1382 236 

Humane treatment of animals, must teach 1384 237 

Institute and training school, must attend 1385 237 

. Instruction concerning the nature of alcoholic drinks and 
narcotics must be given. Required by State Constitution. 

Kindergarten teacher must hold certificate 1402 113 

May suspend pupil, duty in such case 1386 115 

Must hold certificate • 1380 236 

Moral instruction must be given 1389 113 

No compensation when 1380 236 

Notice of beginning and closing school 1379 235-6 

Penalty for failure to attend institute 1385 237 

Physical education, instruction in, must be given .... 1390 113 

Qualifications of teachers 1372 233 

Receive no commissions • 1529 46 

Re-examination of papers, when 1371 233 

Register what to contain 1381 236 

Relatives of board may teach, when 1173 57 

Report to county superintendent .1381 236 

School year and school week defined 1382 236 

Superintendent of city school supervises 1378 235 

Wages held back, when 1381 236 

Writing must be taught 1451 113 

EDUCATIONAL ASSOCIATION— 

Proceedings to be published 1119 16 

Teachers and superintendents may attend ....1401 228 

EDUCATIONAL COMMISSION— 

Appointed by whom 7 28 

Compensation, to be fixed 7 28 

Duties "^ 28 

State superintendent a member • 7 28 



XXII INDEX 

Section Page 
EDUCATIONAL LEGISLATION— 

Proposals submitted to State Board of Administration 1742 3') 

To be publislied 1742 35 

ELECTION OF OFFICERS IN COMMON SCHOOL DISTRICT— 

Canvass votes 1157 53 

Certificate of election .- 1158 53 

Conduct of election - 1157 52 

Date of election 1151 51 

Election officers 1156 52 

First election called by county superintendent 1152 51 

Election of officers 1151 51 

Notice of election 1155 52 

Posted fourteen days 1155 52 

' Oath of election officers r . . . . 1155 52 

School officers •..".. 1159 53 

Officers to be elected 1151 51 

At first election 1151 51 

Who may be officers '. 1153 51, 52 

Polling places how established ; 1152 51 

Polls open, hours of election 1154 52 

Tie, how determined 1157 53 

Voters, who are - 1153 51, 52 

ELECTIONS— 

By secret ballot 129 6 

Build or remove school houses 1185-1188 60,61 

Certain city school officers, how elected 1?15 101 

Consolidation of schools. (See Appendix A) 1190 270 

County agricultural schools, to establish 1455 138 

District high school to establish .'.... .1192 63 

First officers in new district 1152 51 

First officers in new special district 1244 76 

Independent district to create 1286 93 

Officers of common school districts, 

(See election of officers in common school districts). 

First election in new district 1152 51 

Officers of Independent School Districts. 

(See Independent School Districts). 
Officers of Special School Districts. 

(See Special School Districts). 

Question of conveying pupils' (See Appendix A) . . . .1190 270 

School houses and sites to determine 1184 60 

Special districts to form 1231, 1236, 1243 73,74,76 

To lease buildings in special districts 6 88 

ELECTION FOR BONDS— 

Bonds of common school district, to issue 1332 200 

Ballot for election on bonds 1333 201 

Called only on petition I333 2OI 



INDEX XXIII 

Section Page 

Notice of election on bonds 1333 201 

Bonds for special district, election for 1272-1274 83-S4 

ELEGIBILITY— 

To hold office or vote 1153 18 

ELECTION OF STATE AND COUNTY SUPERINTENDENT— 

To be without party designation 1-6 107, 108 

EMBEZZLEMENT— f 

Use of school funds is, when 1351 103 

EMERGENCY COMMISSION— 

Duties of 1 to 6 35,36 

Receive reports 3 36 

EMINENT DOMAIN— 

Exercise of for school site 1187 61 

ENABLING ACT— 

Provisions of 3-4 

ENGLISH LANGUAGE— 

Must be medium of instruction 1199 64 

Records must be kept in English 1199 64 

ENUMERATION OP CHILDREN OP SCHOOL AGE— 
(See Census). 

EQUALIZATION OP INDEBTEDNESS— 

Arbitration board constituted 1327 199 

Maximum levy for equalization 1329 200 

On change of boundaries 1237 74 

Property to be considered 1327 199» 

Tax levy to equalize and pay previous debts 1328 200 

Proceeds to be turned over to district 1330 200 

Special district must equalize on change of 

boundaries 1237, 1240 74, 75 

Special district by special act m.ust equalize 1321 102 

EQUIPMENT POR TEACHING GRAIN GRADING AND 

CREAM TESTING— 

County commissioners must furnish .1 123 

Disposition of equipment 2 123 

How used 3, 5 123 

School board to furnish, when 4 123 

EVENING SCHOOL— 

Appropriation for evening schools (a) 4 129 

Duty of State Superintendent with reference to (a) 2 129 

Of County Superintendent • (a) 3 (b)2 129, 130 

How established (a) 2 129 

One-half salaries of teachers paid by the state (a) 3 129 

School board may organize (a)l 129 

Support af (a)3 129 

(See night schools). 

EVIDENCE— Clerk's record, transcript of, is, when 1250 77 

EXAMINATIONS— 

(See certificates, teachers). 



XXIV INDEX 

Section Page 

EXEMPTION OF PROPERTY FROM TAXATION— 

All public school property exempt from taxation. . (1) 2078 '208 

Church property exempt • . . . (1) 2078 208 

All property, real or personal, belonging to the state .... 

(2) 2078 208 

Property of charitable institutions, when exempt (6) 2078 208 

EXITS FROM SCHOOL HOUSES— 

How constructed 1200, 1499 209, 212 

EXPENDITURES— 

Must not exceed revenues (Independent District) ....1308 99 

EXPERIMENT STATIONS— 

Laws governing same 1619 et. seq. 137 

EXTENSION AND DEMONSTRATION— 

Appropriation for under Smith-Lever Act 1 136 

FEDERAL LAND GRANT— 

Sixteenth and thirty-sixth sections .10 3 

Minimum price per acre 11 3 

Five psr centum proceeds sale public lands 13 3 

90,000 acres to agricultural college .16 4 

500,000 acres to other institutions 17 ' 4 

FEEBLE MINDED— 

Care of feeble minded persons • .1714 263 

Compulsory education of 1342 114 

Enumeration of 1195 63, 64 

FEEBLE MINDED, INSTIT'UTION FOR— 

(See Sections 1709 to 1721— pp. 261-265, also Section 1, 
page 265). 

FEES— 

For teachers' certificates 1376 235 

FENCES— 

To be placed around school grounds 1205 65 

FIRE DRILLS— 

City superintendent to prescribe rules 1 212 

County superintendent to prescribe rules for rural 

schools 2 213 

Salary of teacher withheld, when 1-2 212, 213 

Teacher shall give 1 212 

Twice each month in all public schools 1 212 

FIRE ESCAPES— 

Duty of what officer to provide 1202 212 

Penalty for neglect of duty 1203 212 

Required on what school houses 1201 212 

FIRE GUARDS— 

Duty of superintendent 3 213 

Duty of school board 3 213 

Penalty for violation 3 ' 213 

FIRE MARSHALL— 

Duties of 202 32 



INDEX XXV 

Section Page 

FINES— 

Paid into school fund 1209 190 

FINES AND PENALTIES— 

Compulsory attendance 1344 115 

Contracts without advertising for bid 1356 104 

County superintendent or deputy for receiving commission 

; 1529 46 

Disturbing school 1355 104 

Embezzlement of funds .' .1351 103 

Failure to comply with sanitary orders 1494 210 

Failure to endorse unpaid warrants 1353 103 

Failure to install fire escapes ^ 1203 212 , 

False election returns 1348 103 

Neglect of duty 1347 102 

Removing school furniture 1183 59 

Speculation in office 1349 103 

Teacher not attending institute 1385 237 

Unlawful drawing of school money 1350 103 

Violation of depository law 7 . 198-9 

Violation of sanitary provisions 1494 210 

Wilful disturbance of school 1355 104 

Without advertising for bids 1356 104 

FISCAL YEAR— 

Begins when 632 33 

FLAG, UNITED STATES— 

Desecration of flag a crime 10232 219 

Meaning of flag 10233 219 

Must be displayed, when 1400, 1820 218 

Penalty for offense against flag 10235 219 

School Boards must provide 1400 218 

State institutions must have 1820 218 

FLAG, STATE— 

Design for, prescribed • 1915 219 

FLOWER, STATE— 

Wild prairie rose 220 219 

FREE KINDERGARTENS— 

May be established, how 1402 113 

Supported how 1402 113 

Teachers in, must hold certificate 1402 113 

FREE PUBLIC SCHOOLS— 

What are 1415 13 

FREE TEXT BOOKS— 

Contract for what length of time 1397 214 

How and when furnished 1398 214 

May be furnished 1397 214 

Price list and samples must be filed 1397 214 

(■See provisions of uniform text Book Act pages 215-218). 



XXVI INDEX 

Section Page 
FUNDS— 

(See School Funds). 
FUNDING INDEBTEDNESS— 

Certain cases legalized 1 195 

GOVERNOR— 

Appoints certain members on state board of administra- 
tion 1 27 

Must designate Mothers' Day 1916 220 

Report of Rural School Inspector made to governor and 

state superintendent 1444 120 

Report of State Board of Administration made to 10 27 

Report of state superintendetn made to 1116 15 

GROUNDS— 

School grounds must be fenced 1205 65 

GUARDS, FIRE— 

Duty of county superintendent 3 213 

Duty of school board to provide 3 213 

Penalty for violation 3 213 

HEALTH- AND INSPECTION OF PUPILS— 

Blanks furnished by whom 1346 221 

Contagious diseases 426 222 

County board of health, duties 404 222 

County and city superintendents must co-operate ....1346 221 

County school nurse, how appointed 1346 220 

County school physician, how appointed 1346 220 

District may employ nurse, when 1346 221 

Duties of nurse and physician 1346 220 

Local board of health supervises 1346 221 

Section Page 
Petition for appointment of nurse must be signed by 

majority of school districts 1346 221 

Sanitary conveniences must be provided 1403 221 

HIGH SCHOOL AID— 

Appropriation for aid to high school • 1433 127 

Amount paid to each high school 1433 127 

Application for aid sent to board 1433 126 

Apportionment of funds 1433 126 

Agriculture, manual training and domestic science . . . 1433 126 

High school examiner, report of 1438 128 

High School Inspector 1433 126 

Powers of state board 1430-1437 125-128 

Record of proceedings 1438 128 

Requirements for classification 1432 125 

Schools classified 1431 125 

Schools to maintain special departments, requirements 1434 127 

Number of such schools ^ 1435 127 



INDEX XXVII 

Section Page 
HIGH SCHOOL— 

Board of education to egj;ablisli and maintain ....1251 (3) 78 
District. (See district high school). 
HIGH SCHOOL INSJ'ECTOR— 

How appointed 1433 125 

Duties, term of office 1433 126 

Report, wlien made, what to contain .1438 128 

HIGH SCHOOL EXAMINER— 

Report made to state superintendent 1438 128 

What to contain .' 1438 128 

HITCHING POSTS— 

School board must provide 1207 65 

HOLIDAYS— 

What are holidays 7297 116 

Certain holidays to be observed 1382 116 

No school to be taught on 1382 116 

When following day is holiday 7298 117 

ILLITERACY— 

Legislature must take steps to prevent • 151 7 

IMPROVEMENT OP SCHOOL GROUNDS— 

Amount to be expended annually 1206 65 

Fences to be constructed, when 1205V 65 

Tree planting 1204 65 

INDEBTEDNESS— 

Bonds to pay outstanding, may be issued 1332 200 

Equalization of 1327 199 

By board of education 1327, 1260 37, 43 

Indebtedness declared legal 1 195 

Bonds may be issued when 1 195 

Pending actions not affected • 2 195 

INDEPENDENT SCHOOL DISTRICTS— 

Authority to issue bonds 1303 97 

Board of education constituted 1290, 1293 94 

Corporate powers 1293 94 

Election of 1290 94 

Conduct of election 1291 94 

Date of election 1291 94 

General powers of board 1297 95, 96 

May admit non-resident pupils 1300 97 

May sue and be sued 1293 94 

Meetings of board 1295 95 

Organization of board 1293 94 

Powers of board 1298 96 

Responsibility of board T 1294 95 

Secretary of the board 1296 95 

Vacancies how filled 1292 94 

Visiting schools 1299 97 



XXVIII INDEX 

Section Page 

Bond of treasurer .^ 1305 98 

Bonds, may issue . • 1303 97 

May redeem, how and when, Chapter 270, Laws 1915 1 204 

Boundaries of district .' 1289 93 

City council to pass certain ordinances 1314 101 

Debts of old district assumed 1312 100 

Drinking cups, public use of prohibited 2953 222 

Election to create independent district 1286 93 

Ballots, form of 1288 93 

Canvass of votes 1288 93 

Notice of election 1287 93 

Election of members of the board 1290 94 

Expenditures not to exceed revenues 1308 99 

Flags to be provided and displayed 1400 218 

Free text books, may furnish, when and how 1397-8 214 

Funds, how kept and paid out 1306 98 

Health and decency, duty as to 1403 221 

How organized 1286 93 

Independent by special act abolished how 1319 101 

Kindergarten, may establish 1402 113 

Name, of independent district 1289 93 

Penalties credited to board of education 1314 101 

Property, title to 1309 100 

Real property, title to be conveyed how 1310 100 

Refusal of member elect to serve, forfeit 1313 100 

Rental public buildings, paid when 1 to 6 87-88 

Report of treasurer, what to contain 1311 100 

Superintendent and teachers, to attend educational 

association 1401 228 

Taxes levied and collected 1301 97 

Tax limit 1302 97 

Text books, free, may furnish 1397-8 211 

Treasurer, who is ., 1304 ' 98 

Vacancy in the board, how filled 1292 94 

Visit schools, members must 1299 97 

INDEPENDENT SCHOOL ORGANIZATION— 

Formed by special act may be abolished, how 1319 101 

INDUSTRIAL COMMISSION— 

Fixes rate of interest on deposits in The Bank of North 

Dakota 12 199 

INDUSTRIAL SCHOOL— 

Laws governing same 1725 to 1737 144-147 

INSPECTION OF SCHOOL BUILDINGS— 

Board to, how constituted , 1186 61 

INSPECTOR— 

Of high schools, how appointed and duties .... 1249, 1433 125, 126 

Of rural and graded schools, duties 1444 120 



INDEX XXIX 

Section Page 

INTEREST— 

Rate on bonds of school districts 1334 201 

On bonds for county agricultural and training schools 3 207 

On deposits in The Bank of North Dakota, how fixed 12 199 

On unpaid warrants ^ 1169 56 

INSTITUTES, TEACHERS'— 

Appropriation for state institute fund 1392 227 

How used 1392 227 

Conductors and assistants, how appointed 1392 227 

County institute fund how created 1391, 1394 227-228 

Annual statement of- institute fund 1391 227 

County superintendent, statement of institute expenses 1391 227 

Course of instruction to be prescribed 1112 15 

Expenses of conductors, etc., how paid 1395 227 

Lecturers and instructors, how appointed 1392 228 

Rules to be prescribed 1112 15 

Statement of number of schools, filed by whom 1394 228 

State superintendent to assist 1113 15 

State superintendent appoints conductor, etc 1392 227 

INSTITUTE FUND— 

Appropriation from state 1392 227 

Certificate fees in county institute fund 1391 227 

From county general revenue fund 1394 228 

How fund is used 1393, 5 227-8 

INSTITUTION FOR FEEBLE MINDED— 
(See Sections 1709-1721, pp. 262-265). 

Certain persons committed . . • 1714 263 

Who may receive benefit 1714 263 

INSTITUTIONS, STATE EDUCATIONAL— 

Part of free public school system 1415 13 

JUVENILE COURT— 

Commissioner provided 1 257 

Must keep record 3 258 

Hearing of juvenile offenders 2 257 

Compensation of commissioner 4 257 

Purpose of law • 5 , 258 

KINDERGARTENS— 

May be established, how and when 1402 113 

Supported 1402 113 

Teachers must hold certificates 1402 113 

LAND GRANT— 

(See State Lands) 

LEGISLATURE— 

Limitations on 69 5 

Must provide for free public schools 147 5 

LIBRARY— 

Appropriation for by common school district board ..1176 57,58 



XXX INDEX 

Section Page 

Books for, authorized by state superintendent 1176 58 

Care of library by school board 1177 58 

LIGNITE COAL, USE OF— 

In county buildings 1828 223 

In public schools 1828 223 

In state institutions 1828 223 

Penalty 1828 223 

Standards iixed 1828 223 

Use of, when excepted 1828 223 

LIST OF PUBLICATIONS— 

Agricultural college must furnish • -1 137 

County auditor must publish 2 137 

MAINTAIN school- 
How long to be in session in common school district. .1189 62 

How long district high school to be in session 1193 63 

For aid as graded school r 1441 117 

For aid as rural school 1442 119 

MEDICAL INSPECTION OF PUPILS— 

County and city superintendents to co-operate 1346 220 

Exceptions when 1346 220 

Indigent children to receive treatment 1346 220 

Notice of defects sent to parents 1346 220 

Provide for in schools 1346 220 

Rural schools grouped for inspection 1346 220 

School boards may employ medical inspectors and 

nurses 1346 220 

Shall employ when petitioned : . .1346 220 

MILEAGE— 

County superintendent 1137 42 

MISDEMEANOR— 

Failure to endorse unpaid warrant .1353 103 

For county officer to receive commission 1529 46 

Letting contract without bids 1356 104 

Speculation in office 1349 103 

Unlawful drawing of school money • 1350 103 

Violation of depository law 7 198-9 

MODEL SCHOOL— 

Students shall pay tuition (b)l 104 

MORAL INSTRUCTION— 

Must be given in school 1398 113 

MOTHERS' DAY— 

Governor must designate second Monday in May ....1916 218 

NARCOTICS— 

Nature and effects of, must be taught in public schools 1383 116 

NIGHT SCHOOLS— 

Appropriation and levy by county commissioners ....(b)l 130 
Fund expended under direction of county superintendent 

(b)2 130 



INDEX XXXI 

Section Page 

One half expenses paid by county (b)l 130 

One half expenses paid by district (b)l 130 

(See evening schools). 

NON-PARTISAN ELECTION OF COUNTY AND STATE 

SUPERINTENDENT— 1 TO 6 107-108 

NON-RESIDENT PUPILS— 

School board must admit to schools .■:..1179 59 

Special district may admit 1251 (14) 79 

NORMAL SCHOOLS— 

Diplomas accredited 1365, 1366 231 

Tuition charged in model school (b)l 104 

General provisions of law governing normal schools 1578 225 

NORTH DAKOTA ACADEMY OF' SCIENCE- 

Laws governing same 1596 147 

NORTH DAKOTA EDUCATION ASSOCIATION— 

Board may allow teacher to attend 1401 228 

Proceedings to be published 1119 16 

Teacher may attend meeting without loss of pay 1401 228 

NORTH DAKOTA SCHOOL OF FORESTRY— 

Laws governing same • 1674 148 

NUMBER OF SCHOOLS— 

Statement by county superintendent 1394 228 

OATH OF OFFICE— 

Deputies must take 703 17 

Members of board of education 1270 83 

Officers must take 661 108 

Of school director 1159 53 

To be filed with clerk 1171 57 

OFFICERS— 

Annual meeting of school officers 1126 40 

Of common school district 1151-1161 51-53 

Terms of (See terms of office). 

OFFICIAL BONDS— 

(See bonds, official). 

ORPHANAGES AND CARE OF THE POOR— 

Child deemed abandoned, when 5110 255 

Children apprenticed must be educated 4482 255-6 

Children may be bound out 2532 255 

Children's welfare societies, how organized 5100 . 254 

Dependents cared fbr at public expense 5109 254 

Superintendent directs education 2537 255 

PENALTIES— 

(See Fines and Penalties). 

PENSIONS, TEACHERS— 

(See Teachers' Insurance and Retirement Fund). 

PERMANENT SCHOOL FUND— 

Interest and income how distributed 154 7 

How invested 162 9 



XXXII INDEX 

Section Page 

Safety of 165 10 

Source of 153 7 

PENALTY— 

For approval of faulty plans 1494 210 

False election returns 1348 103 

False reports 1354 103 

Failure to endorse and pay warrants 1353 103 

Neglect of duty by school officer . .- 1347 102 

Unlawfully drawing school money 1350 103 

Unlawful purchase by school officer 10189 104 

PERMITS TO TEACH— 

Fees to be deposited when issued 1376 235 

Granted to whom and when 1367 232 

PETITIONS— 

For bonding common school district 1333 201 

For establishing county agricultural school 1455 138 

For formation of special district 1231 73 

PHYSICAL EDUCATION— 

Must be taught 1390 113 

PHYSIOLOGY AND HYGIENE— 

Instruction in, to be given 1383 116 

PLATS OF SCHOOL DISTRICTS— 

Prepared by County Auditor 1149 50 

POLLING places- 
How established in common school districts 1151 51 

POLL TAX— 

County auditor levies 1224 192 

POSTAGE— 

County Superintendent 1137 42 

PRESIDENT OF SCHOOL BOARD— 

(See common school district Board). 
PRIVATE EDUCATIONAL INSTITUTIONS— 

Laws governing same 5005-5016 265-6 

PRIVIES— 

(See water closets). 
PROPERTY— 

Independent district may hold • 1309 100 

PROPOSALS FOR CONTRACTS— 

Must be advertised for, when 1356 104 

PROSECUTIONS— 

(See actions). 
PUBLIC BUILDINGS— 

May be used for public meetings, when 1 213 

PUBLIC DRINKING CUP— 

School boards must not furnish 2953 222 

Penalty 2954 222 

Use of prohibited in schools 2952 222 



INDEX XXXIIl 

Section Page 
PUBLIC HEALTH LABORATORY— 

Laws governing same 1650 133 

PUBLIC INSTITUTIONS— 

Land grant for 215, 216 11, 12 

Where located 215, 216 11, 12 

PUBLIC MORALS— 

Instruction in, to be given 1389 113 

PUBLIC NOTICE— 

For change of boundaries of school districts 1148 50 

PUPILS— 

Board may expel for cause 1180 59 

Graded by whom 1387 115 

High School pupil must select course of study 1452 129 

Must review certain subjects 1453 129 

Teacher may suspend when • 1386 115 

Must give notice to board and parents 1386 115 

QUALIFICATIONS— 

County superintendent and deputies 1122, 1136 39, 41 

High School Inspector 1433 125 

Rural School Inspector 1444 120 

State Superintendent 1105 13 

Teachers for aided schools 1441-2 118,119 

Teachers, for certificates 1360, 1363, 1372 229-30, 33 

REAL ESTATE— 

Common school district sites, how obtained 1187 61 

Independent district, how conveyed 1310 100 

Special districts, how conveyed • 1242 76 

READING CIRCLE— 

Board constituted 5 28 

Credit for work 1396 228 

Maintenance of 1377 235 

RECORD OF OFFICIAL ACTS— 

State superintendent must keep 1114 15 

RECORDS— 

Kept by clerk 1164 54 

Must be kept in English 1199 64 

Open to inspection 1198 64 

REFUNDING BONDS— 

(See Bonds, Refunding). 
REPORTS— 

Board of Administration 10 29 

Census, reported to whom and when 1195 63 

City treasurer's report • 1311 100 

Clerk of school district 1197 6'4 

County superintendent 1135 41 

Defectives, reported to whom 1196 64 

Heads of state institutions ■ . 633 33 



XXXIV INDEX 

Section Page 

High School Inspector 1433 126 

High school examiner 1437 128 

Rural school inspector 1444 120, 121 

Superintendent of public instruction 1116 15 

How distributed 1118 15, 16 

Number of copies • 1117 15 

To be printed 1117 15 

Teachers' report at the close of school 1381 236 

Treasurer of common school district 1218 197 

(See Treasurer under independent and special 
districts). 

Trustees, teachers' insurance fund 1502 239 

RIGHT TO OFFICE— 

County superintendent 43 

State superintendent 17 

RURAL SCHOOL AID— 

Advancement of school from class to class 1448 122 

Aid obtained, by what schools 1440 117 

Aid to consolidated schools. (See Appendix A) ....14.46 269 
Amount of apportionment to schools. (See Appendix A) 

1445 269 

Amount of appropriation for each class of school 1450 122 

Application for aid made to whom 1443 120 

Apportionment to each school. (See Appendix A) ..1446- 269 

Classes of consolidated schools, three 1441 117 

Graded schools, three 1441 117 

Rural schools, three 1442 119 

Conditions required for graded schools 1441 117, 118 

For rural schools .1442 119 

Consolidated schools may obtain aid. (See Appendix A) 

1446 269 

What are consolidated schools. (See Appendix A) 

1446 269 

County aid, how obtained 1 124 

Inspector of rural and graded schools 1444 120 

Purpose of state aid 1439 117 

Records kept by state superintendent 1447 122 

Report on aided schools by state superintendent 1449 122 

Schools ientitled to aid, what are 1440 117 

SALARY— 

County Superintendent 1137 42 

Deputies county superintendent 1136 41 

High school inspector 1433 126 

Members of state board of administration 2 27 

Rural school inspector 1444 120 

School district clerk 1164 54 

School district treasurer 1172 57 



INDEX XXXV 

Section Page 

State superintendent 1120 16 

Teaclier's salary to be graded by board 1178 58 

SANITARY CONVENIENCES— 

Must be supplied 1403 221 

SCHOOLS, PUBLIC— 

Shall be free and accessible to all ._ 1343 13 

SCHOOL BOARD— 

(See Common School District Board).' 
SCHOOL BONDS— 

(See Bonds of Common School District). 
SCHOOL COMMISSION- 
HOW constituted 6 28 

Duties of 6 28 

Report of 6 28 

SCHOOL DISTRICT— 

(See Common School District). 
SCHOOL FOR DEAF AND DUMB— 

(The law governing this institution is found in Sections 
1680 to 1697 on pages 258 to 261 inclusive), 
SCHOOL FUNDS— 

Accounts, how kept 1218 197 

• Annual settlement 1218 197 

County treasurer keeps accounts with districts 1220 198 

Collects school taxes 1221 193 

Pays funds to district treasurer 1219 198 

County tuition fund, apportioned, how 1225 192 

How levied 1224 192 

Withheld when 1214 191 

Deposited in The Bank of North Dakota 7 198 

Deposit in The Bank of North Dakota releases treasurer 

and bondsmen 8 199 

District funds controlled by treasurer 1213 191 

Embezzlement of funds, what is 1351 103 

Funds defined 1212 191 

Kept separate 1211 190 

How paid out 1168 56 

Institute fund how created 1391 227 

Appropriation for, by state 1392 227 

Paid out, how, and for what 1393 227 

Must be deposited in The Bank of North Dakota 7 198 

Money from ferry leases to school fund 2068 192 

One-half mill tax levied by county auditor 1224 192 

Report of district treasurer 1218 197 

Made annually in July 1218 197 

Published by district school board 1218 197 

State tuition fund apportionment 1208 190 

Apportioned among counties by state 



XXXVT INDEX 

Section Page 

superintendent • 1210 190 

Apportioned by county superintendent 1217 196 

County treasurer reports 1209 190 

Defined 1212 191 

Excess, how used 1212 191 

Funds kept separate 1211 190, 191 

How raised 120S 190 

How used 1212 191 

New district entitled to 1215 192 

Paid out by district treasurer 1213 191 

Reverts to original fund, when 1216 196 

State auditor, duty of • 1210 190 

Warrants for, drawn on state treasurer 1210 190 

Unlawful drawing of funds, penalty for 1350 103 

When county treasurer pays district treasurer 1219 198 

Withheld when enumeration not taken 1214 191 

By county superintendent, when 1214 191 

For failure to maintain schools 1216 196 

SCHOOL GROUNDS— 

Area in common school districts 1187 61 

Must be fenced, when 1205 65 

SCHOOL HOUSES AND SITES— 

Approval of plans, by whom 1489 209 

Board of inspection, duties 1186 61 

Bonds for building school house 1332 200 

Building plans inspected by whom 1489 209 

Construction of school houses 1490 209 

Ceilings 1490 209 

Cleanliness 1490 209 

Doors 1490 209 

Heating 1490 209 

Light 1490 209 

Ventilation 1490 209 

Contracts, how let 1340 211 

Election to be called when 1185 60 

Exits, kinds of .■ .1490 209 

Grievances to be adjusted 1492 210 

Houses to be kept clean 1490 209 

How determined 1184 60 

Inspected by county board of health, when 1186 61 

May be used for other purposes 1183, 1 60, 213 

Method of inspection of buildings 1492 210 

Penalty for violation 1494 210 

Penalty for injury to • 9846 213 

Plans, consult with whom 1489 209 

Approved by whom 1489 209 

Furnished by state superintendent, when 1189 211 



INDEX XXXVI] 

Section Page 

Must show what • 1490 209 

Prepared how and by whom 1185 60 

Proposals for building school houses 1340 211 

Specifications for, must guarantee 1494 210 

Toilet rooms 1491 210 

♦ Two-thirds vote necessary to remove school house ...1185 211 

Ventilation flues, how constructed ." 1493 210 

SCHOOL HOUSE SITES— 

Area , 1187 61 

Bonds for purchase of 1332 200 

How obtained 1187, 1461 61, 141 

New school for remote pupils 1188 61 

Obtained by eminent domain, when 8203 13 

Reverts to original owner, when 1187 61 

Selected by election 1185 60 

SCHOOL LANDS— 

(See pages 161 to 189 inclusive). 

Federal lands donated for common schools 10 3 

Minimum price at which to be sold 11 3 

May be leased 11 3 

Federal lands donated for state institutions ....14, 16, 17 3,4 

Not to be cultivated 163 10 

SCHOOL LAWS— 

To be published when 1118 15 

How distributed , 1118 15,16 

SCHOOL MONTH— 

Defined ' 1382 116 

SCHOOL OF FORESTRY— 

Laws governing same 1674 148 

SCHOOL NURSE— 

(See Health and Inspection of Pupils). 

SCHOOL OFFICERS— 

May be removed by court 1326 111 

(See under different kinds of districts). 

SCHOOLS— 

Shall be free and accessible 1343 112 

SCHOOLS, PUBLIC— 

Bible, not be excluded from 1388 112 

Close for teachers' institute 1385 237 

Course of study 1383 116 

Free public schools, what are 1415 13 

Must be free and accessible 1343 112 

Must be maintained, how long 1189, 1193 62, 63 

To share in funds 1216, 1217 196 

Wilful disturbance of, penalty for 1355 104 

SCHOOL OF SCIENCE— , 

Laws governing same 1596 147 



XXXVIII INDEX 

Section Page 

SCHOOL TAXES— 

(See Taxes). 
SCHOOL TERM— 

Increased on petition 1191 62 

Lengrth of and how fixed 11S9 62 

Minimum length of term 11S9 * 62 

To share in funds 1216 196 

Special districts, length of term 1251(1) 78 

When term discontinued 11S9 62 

SCHOOL TREASURER- 

Acooxmts how kept 1218 197 

Settlement when 1218 197 

Annual report made in quadruplicate . • 121S 197 

Action on bond 1171 57 

Additional bond, when required . .1166 55 

Bond of treasui'er 2 55 

Piemium on, paid by district, when 2 55 

Bonds of district, how negotiated - 1337 203 

Couniy treasurer to pay funds to whom 1219 19S 

Deposit all school funds in The Bank of North Dakota 7 198 

Embezzlement of money, what is 1351 103 

Endorsement of unpaid warrants 1169 56 

False reports, penalty tV" 1354 103 

Funds, how paid out . 1168 56 

Liability ceases with deposit in The Bank of North 

Dakota * • - • S 199 

Notice to drawee of \inpaid warrants .. ...1169 56 

Personal bond 1-* 56 

Records open to the public . . ■ . -1213 191 

Report, form of., quadruplicate ...1218 197 

False report, penalty for - - .1350 130 

Must be published .1218 197 

County superintendent publishes report, whenl218 197 

Salary of treasurer 1172 57 

Settlement with board to be made annually in July ..121S 197 

Surety bond 1* ^^ 

Vnlawful drawing of money, penalty for . . .1350 103 

Warrants unpaid to be endoi'sed 1169 56 

Notice to drawee when funds .^> i."y 1169 56 

Penalty for failure to endorse -^53 103 

When county treasurer pays funds to district - ;" 19S 
SCHOOL WARRANTS— 

Cancelled warrants t .delivered to school 

board, when 1218 197 

Money paid only on proper warrants «. . -55 SO 

No money to be paid except on proper warra- .16S 56 

Notice to drawee of sufficient tunds . .'. . .169 56 

Only for prior indebtedness '■''? ?^ 



INDEX XXXIX 

Section Page 

Penalty for failure to endorse unpaid 1353 103 

To be endorsed when ' 1169 56 

Unpaid bear interest 1169 56 

■What to specify 1170 56 

SCHOOL WEEK— 

Defined 1382 116 

SCHOOL YEAR— 

Defined 1382 116 

SEAL— 

Board of education in independent districts, must have 1293 194 

■ In special districts must have 1241 76 

County superintendent must have .1128 40 

Superintendent of public instruction must have 1115 14 

SECRETARY— 

Board of education, duties of 1296 95 

State board of adminis'tration appoints 4 27 

Teachers' insurance and retirement fund 1498, 1500 238 

Trustees of county agricultural and training school 1458 139 
SINKING FUND— 

Created, must be in bonded districts 1336 202 

In independent districts, created how and when 1303 97 

In special districts, created how and when 1276 84 

Must be deposited in The Bank of North Dakota 7 198 

SPECIAL SCHOOL DISTRICT— 

Adjacent territory, may be attached how 1240 75 

Becomes part of general district, when ..• 1261 81 

Board assumes contract, when 1260 81 

Board of education and quorum 1245 77 

Clerk, duties of 1250 77 

Compensation of members 1246 77 

Duties of board 1251 78 

Election of board members, when 1262 81 

Ballot, official 1265 82 

Candidate how to become 1265 82 

Canvass of returns 1268 83 

Certificates of election 1268 83 

Notice of election 1263 82 

Form of notice 1264 82 

Officers of election 1267 82 

Precincts for election 1267 82 

Provisions to govern election 1266 82 

Flags shall purchase 1400 218 

Free text books may provide . . • 1397 214 

When and how to provide free text books . . . .1398 214 

Health and decency, duty of board 1403 221 

Kindergarten, may be established how 1402 113 

Lease buildings, power to 1 87 

Advertise for bids 3 88 



XL INDEX 

Section Page 

Election when 6 88 

Legal construction of payment of rental 5 88 

Plans and specifications 2 87 

Tax levy to cover rental 4 88 

Meetings of board 1247 77 

Members must not be interested in contract 1246 77 

Oath of office 1270 83 

Organization of the board, when 1248 77 

Powers of the board 1251 78 

President, duties of 1249 77 

Records open to inspection 1250 77 

Teachers may attend meeting of Education 

Association 1401 228 

Terms of office 1245 77 

Vacancies in the board, how filled 1271 83 

Bonded debt of old district, how paid 1239 75 

Tax levy for payment 1238 ' 74 

Bonds of special districts. 
(See bonds of special districts). 

Cities governed by provisions of Article 11 1229 73 

Creation of a special school district 1229-30 73 

Conveyance of property, how executed 1242 76 

Constituted, when 1235 74 

Contracts, members must not be interested in 1246 77 

Corporation, name of . . . • 1241 76 

Debt limit of the district 1275 84 

Detachment of territory 1240 75 

Division of property 1237 74 

Drinking cups, public use of, prohibited 2953 222 

Election of officers, first 1236 74 

To form district, called by county superintendeijt 1231 73 

Ballots form of 1233 74 

Conduct of election 1232 73 

Notice must be given 1232 73 

Results announced by county superintendent 1234 74 

Establish kindergartens, when and how 1402 113 

Expenditures on written contracts 1259 81' 

Excess of $500.00 must be on bids 1259 81 

First election of officers . . . • 1236 74 

Flags to provide 1400 218 

Free text books, when and how • 1398 214 

How formed from common school districts (a) 73-76 

How formed in towns or cities (b) 76 

How organized • 1243 76 

Election of first board 1244 76 

May become part of general election 1261 81 

Name of corporation 1241 76 

Petition for organizing special district 1231 73 



INDEX XLI 

Section Page 

Platted or incorporated city or village may become ..1230 73 

Portion of district may become special district ...... .1230 73 

Rental public buildings paid, when 1, 2 105 

Supervision of school, by whom 1252 79 

When under county superintendent 1252 79 

Territory outside may be included .1230 73 

Tax, annual levy, when made 1258 80 

Taxable property 1257 80 

Treasurer, who is 1254 79 

Bond of treasurer 1256 , 80 

Custodian of funds 1253 79 

Duties of treasurer 1255 80 

Vacancy in board of education how filled 1271 83 

What cities may become special districts • 1229 73 

SMITH-HUGHES ACT— 

Appropiiations 1, 7 136, 151 

How used • 8 151 

Acceptance of provisions 1 149 

Powers and duties of state board of administration ... .4 150 

Reimbursement of schools 6 150 

School board must co-operate 5 150 

State board of administration administers 3 149 

State treasurer custodian of funds 2 149 

SMITH-LEVER ACT— 

Extension and demonstration 1 136 

SPECULATION IN OFFICE— 

Forbidden ■ •. 1349 103 

Receiving commission forbidden 1529 46 

STABLES— 

In rural districts, provided when 1207 65 

STATES ATTORNEY— 

Must advise school officers 3376 ' 41 

Must prosecute for not complying with compulsory attend- 
ance law • 1345 115 

STATE AUDITOR— 

Institute fund, warrants on 1393 227 

Tuition fund, duties as to 1210 190 

STATE BOARD OF CONTROL— 

(This board has been abolished and its duties transferred 
to the state board of administration). 
STATE BOARD OF EDUCATION— 

(This board has been abolished and its duties transferred 
to the state board of administration). 
STATE BOARD OF EXAMINERS— 

(This board has been abolished and its duties transferred 
to the state board of administration). 
STATE BOARD OF REGENTS— 

(This board has been abolished and its duties transferred 



XLII INDEX 

Section Page 
to the state board of administration). 

STATE HIGH SCHOOL BOARD— 

(This board has been abolished and its duties transferred 
to the state board of administration. 

STATE BONDING FUND— 

How created 4 ' ^5 

Officers bonded in 2 55 

STATE INSTITUTIONS— 

Must make inventory 1827 37 

Treasurer of, duties 1808 37 

Superintendent must care for 1809 38 

STATE OFFICERS— 

Boards must supply data 114 30 

Duties of fire marshal! 202 32 

Of state examiner 226 32 

Of governor 113 29 

Of state auditor 1393, 1818 227, 32 

May employ clerical help 115 30 

STATE TREASURER— 

Institute fund paid on state auditor's warrant 1393 227 

Treasurer of teachers' insurance and retirement fund 1498 238 

STATE TUITION FUND— 

How created 1208, 1209 190 

County superintendent apportions among school districts 

1131 41 

State superintendent apportions among counties ....1210 190 

STATE UNIVERSITY— 

Graduates entitled to certificates, when 1553 226 

Land grants 14 4 

Laws governing 1539, etc. 152-160 

STATEMENT 

Of schools for institute fund to be filed by county 

superintendent 1394 228 

STUDIES— 

Additional studies determined by school board 1181 59 

Assigned by teacher 1387 116 

County superintendent to decide, when 1387 ^ 116 

Certain studies to be reviewed in senior year 1453 129 

Required for teachers' certificates 1360, 1364 229, 230 

Selection of course , 1452 129 

To be taught in common schools • . .1383 116 

Writing to be taught 1451 113 

SUPERINTENDENT OF CITY SCHOOL— 

Board may appoint '■ ■ 1251(9) 78 

May issue employment certificate 1406 249 

Must have certain studies reviewed 1453 129 

Not controlled by county superintendent 1123 39 

Shall report recommendations to board • 1378 235 



INDEX XLIII 

Section Page 

Supervision of the schools of the city 1252 79 

SUPERINTENDENT OF PUBLIC HEALTH— (COUNTY)— 

Appointed by county commissioners 404 221 

SUPERINTENDENT OF PUBLIC INSTRUCTION— 

Advises county superintendents and school boards 1110 14 

Appeals from county superintendent of schools, decides 1110 14 

Appeals, shall file records .1114 15 

Appoints inspectors of schools 1429 16 

Appoints deputy and assistants 1120 16 

Appoints institute conductors, instructors, etc .1112 15 

Approves accounts, institute conductors' expenses ...1393 227 

Approves plans for school houses 1489 209 

Assists at teachers' institutes 1113 14 

Attends teachers' institutes • 1113 14 

Biennial report, shall make 1116 15 

Shall print and distribute 1117 15 

What to show 1116 15 

Books and documents shall preserve 1106 14 

County superintendents meetings to call 1111 14 

Shall advise 1110 14 

Course of study, duties with reference to 1109 14 

Education association, shall publish proceedings of 1119 16 

Election of 1105 13 

On non-partisan ballot 1 107 

Two candidates nominated • . . .4 107 

General duties 1113 15 

General supervision of public schools 1107 14 

Inspection of county agricultural and training schools, 

duty 1460 140 

Of rural and graded schools, duty as to 1444 120, 121 

Institutes, appoints conductors of, etc 1392 227 

Assists at institutes 1113 15 

Course of instruction for, prescribes 1112 14 

Rules for institutes and training schools 1112 14 

Lists of publications to furnish .1108 14 

May require the establishment of evening schools ..(a) 2 129 

Member of board of administration 1 27 

Member of state canvassing board .1121 16 

Member of state board of university and school lands 156 8 

Member of educational commission 7 28 

Member of teachers' insurance and retirement fund 

board 1495 237-8 

Plans for school houses, must approve 1185, 1489 60,209 

Qualifications 1105 10 

Rules for teachers' institutes, shall prescribe 1112 14 

Record of official acts, shall keep 1114 15 

Reports on rural and graded schools aided 1449 122 

Salary of state superintendent 1120 16 



XLIV INDEX 

Section Page 

Sample copies of text books, sent to 1397 214 

Scliool laws printed and distributed, when 1118 15 

Seal, shall have 1115 15 

Shall preserve documents 1106 14 

Supplies and blanks shall furnish 1108 14 

Term of office 1105 13 

Text books approved lists, furnished 1397 214 

Traveling expenses 1120 16 

Vacancy, how filled • 1332 110 

SUSPENSION OF PUPIL— 

By school board 1180 59 

Teacher may suspend, when • 1386 115 

SUPPLIES— 

Blanks furnished by State Superintendent 1108 14 

TAXES— 

Annual school tax 1222 193 

(See Chapter 61, Special Session, Laws 1919, Appendix 
A, Page 271). 

Collections certified to county superintendent 1225 192 

County agricultural school, county tax for 1456 139 

Delinquent taxes apportioned • 1226 192 

Equalization of debts maximum levy 1329 200 

How and when collected , 1221 193 

In districts having no school boards 1228 194 

Levy, how made and when 1182, 1222 267, 193 

Levy of county tuition tax (one-half mill) 1224 192 

Levy to pay judgment 1223 193 

Maximum levy for final judgment 1227 194 

Property exempt from taxes 2078 200 

Tax to equalize indebtedness • 1327 200 

Uniform, taxes must be , . 1227 194 

TEAC^HRHS— 

(See duties of teachers). 

Must exclude from school pupils having contagious 

diseases 426 222 

Relative of Board elegible, when 1173 57 

TEACHERAGES— 

Board may build, when a 104 

TEACHERS' CERTIFICATES— 
(See certificates). 

TEACHERS' COLLEGE— 

Diplomas accredited 1365 231 

TEACHERS' INSTITUTE— 
(See institutes). 

Appointment of conductor, etc 1392 227 

Rules for, by state superintendent 1112 14, 15 

State superintendent to attend 1113 15 

TEACHERS' INSURANCE AND RETIREMENT FUND— 

Annual meeting of members 1496 238 



INDEX XLV 

Section Page 

Annuity, amount of 1521 243 

Diminished, when 1522 243 

Not subject to legal process 1527 243-4 

Paid quarterly 1524 243 

To cease, when 1526 243 

Application, made to whom 1520 243 

Assessments, amount of 1520 243 

Back assessment paid . . ■ 1517 242 

Mandatory on new teachers after January 1,1920 1505 239 

Optional in state up to January 1st, 1920 1506 240 

Retention of 1503 239 

Board of trustees, members of 1495 237-8 

Compensation of board and of secretary 1500 238 

Expenses of, paid 1500 238 

Meetings of 1499 238 

Organization of 1498 238 

Elect president and secretary 1498 238 

State treasurer, ex officio treasurer 1498 238 

Regulations of 1499 238 

Report of, annual 1502 239 

Vacancies in 1497 238 

County tuition fund, drawn on 1515 241 

Fund created 1495 , 237-8 

From assessments 1504 239 

From county tuition fund 1515 241 

Name of 1516 242 

Funds invested 1501 239 

Penalty for failure to report and transmit 1514 241 

Transmitted to state treasurer 1513 241 

Members meet annually 1496 238 

Who elegible to be 1528 244 

Withdrawal of 1523 243 

Money transmitted to county treasurer .1508 240 

Report, annual, of board of trustees . . : 1502 239 

Reports, county superintendent, shall make annual ..1511 241 

All to be preserved 1512 241 

Retirement of teachers, provisions for 1518 242 

School year legal, defined 1519 242 

Sate insitution, defined 1528 244 

Statements to be sent in all cases 1510 240 

Statements to be sent to county superintendent and 

county auditor 1509 240 

Teachers, defined 1528 244 

To give notice 1507 240 

Transmission of money to county treasurer 1508 240 

Vacancies, members board of trustees 1497 238 

Withdrawals from membership, when and how 1523 243 

Who elegible to membership 1528 244 



XLVI INDEX 

Section Page 

TEACHERS PENSION FUND— 

(See Teachers' Insurance and Retirement Fund). 

TEACHERS' READING CIRCLE— 
(See Reading Circle). 

TEACHERS' TRAINING SCHOOL— 

County funds appropriated, how 1394 228 

Counties may unite for 1393 227 

Rules for, prescribed by state superintendent 1112 14, 15 

Teachers shall attend 1385 237 

(See also Institutes and Associations). 

TEMPERANCE DAY— 

Date, third Friday in January 1 117 

TERM— 

Of office, clerk of school district board 1160 53 

County superintendent of schools 1121 39 

Director, three years 1151 51 

Members of board of trustees of teachers' insurance 

and retirement fund 1495 237, 238 

Members of board in special districts 1245 77 

State board of administration 7 1 27 

State superintendent of public instruction 1105 13 

Treasurer of school district 1151 51 

Trustee, county agricultural school 1458 139 

TERRITORY— 

Adjacent, how attached 1240 75 

Divided, when 1142 48 

By natural obstacle 1142, 1144 48, 49 

To form special district 1235 74 

In two counties 1142 48 

New districts may include, what '. 1147 50 

What may be organized 1141 48 

TEXT BOOKS— 

(See free text books). . 

May be furnished by district . • 1397 214 

Must be approved 1397 214 

Uniform text books, Chapter 145, Laws of 1915 1 to 10 215-218 

TITLE— 

How acquired .^ 1187 61 

TOILET ROOMS— 

Must be supplied 1491 210 

TOBACCO AND CIGARETTES— 

Harboring minors to use tobacco, a crime 4 254 

Minor may be arrested for use of, when 1 253 

Penalty -1, 2 253 

Sale to minor pupil, a crime • 2 253 

TOWNSHIP— 

Fractional township, may be annexed 1142 48 



INDEX XLVII 

Section Page 

TRAINING SCHOOL— 

(See Teachers' Ti'aining School). 
TRANSPORTATION— 

Distance to make transportation mandatory 1342(5) 114 

Furnished by district, when. Appendix A 1190 270 

TRAVELING EXPENSES— 

Board of Administration 2 27 

County superintendent. (See mileage). 

High school inspector 1433 125, 126 

Of trustees of county agricultural schools 1459 139, 140 

Rural, graded and consolidated school, inspector of ..1444 120 

State superintendent of public instruction 1120 16 

Trustees of teachers' insurance and retirement fund .1500 233 

TREASURER— 

(See County Treasurer). 
(See School Treasurer). 
(See State Treasurer). 
TREE PLANTING— 

Duty of school board with reference to 1204 65 

Funds for 1206 65 

TRESPASSING ON RAILROAD PROPERTY— 

Child under fifteen must not 1 252 

Railroads must post warning notices 3 253 

Penalty 6 253 

TRUANT OFFICER— 

May be employed in what districts 1345 115 

TRUSTEES— 

Must not be interested in contracts 1825 37 

TUITION— 

Charged in model school (b)l 104 

Minimum charge in high schools (b)l 104 

In elementary school ■ . . (b)l 104 

TUITION FUND— 

(See School Funds). 
TWO AND ONE-HALF MILES— 

Limit for organizing new school 1188 61 

UNIFORM TEXT BOOKS— 

Chapter 145, Laws of 1915 1-10 215-218 

Abridged editions, how sold 2(d) 216 

Bond to be given, approved by whom 1(2), 2 215-16 

Forfeited, when 4 216 

Book companies not to offer inducements of any 

character 5 216 

Books to be furnished at prices listed l[2(a)] 215 

Competition not to be restricted 1 [2 (e) ] 216 

Copies of all books filed with lowest prices 1 215 

Fl-ee text books, board may provide when 9 217 

Election to be determined, how conducted 9 217 

Question submitted to people, when 9 217 



XLVIJI INDEX 

Section Page 

List of books to be printed 3 216 

First list within six months 3 216 

Supplementary list annually 3 216 

Penalty for violation 10 217 

Prices to be same in North Dakota as elsewhere ..l[2(b)] 216 

Not to be controlled by combination l[2(e)] 216 

Property of district, books are 9 217 

Pupils responsible for books loaned 9 217 

Purchase books of families moving away 8 217 

Quality to be equal to the best l[2(c)] 215 

Sample books, may be furnished 5 216 

School boards may appoint agents 6 217 

Advance of 15% may be allowed agents 6 217 

School districts or boards authorized to purchase 7 217 

May sell to pupils at cost 7 217 

Purchase books and loan to indigent pupils 7 217 

From families moving out of district 8 217 

Necessary for teachers 7 217 

Violation, penalty for 10 218 

UNITED STATES FLAG— 
(See Flags). 

Must be provided and displayed, when 1400 218 

VACANCIES— 

Board of education special district 1271 83 

Of independent districts 1292 94 

Board of trustees of county agricultural school 1458 149 

County superintendent 1323 110 

Director of Common School District 1324 110 

Election board 1156 52 

Failure to give bond 1256 80 

Treasurer of independent district 1305 98 

School clerk 1325 110 

School treasurer 1324 110 

Superintendent of public instruction • 1322 110 

When there is a vacancy 1326 111 

VACCINATION— 

Not necessary for admission to school 1 222 

VOTERS— 

Who are 121, 129 5, 6 

Who may vote at school elections 1153 51 

Women may vote at all school elections • . .1153 51 

WARRANTS— 

Cancelled warrants to be delivered to school board, 

when 1218 197 

Money paid only on proper warrants 1253 80 

No money paid except on proper warrant . . ■ 1168 56 

Notice to drawee of sufficient funds 1169 56 

Only for prior indebtedness 1170 56 



INDEX XLIX 

Section Page 

Penalty, failure to indorse, unpaid I353 103 

Unpaid warrants bear interest 1169 55 

To be indorsed 1169 55 

What to specify 1170 55 

WATER closets- 
How constructed I491 210 

School board must provide 1403, 1490(4) 221, 210 

WEEK— 

School week defined 1382 116 

WOMEN— 

Are voters, when 128, 1153 6,51 

WRITING— 

Must be taught in all schools 1451 113 

YEAR— 

School year defined 1382 ng 



